PUBLIC    ACTS 


OF    THE 


STATE     OF    CONNECTICUT, 


PASSED  MAY  SESSION,  1839. 


PUBLISHED    AGREEABLY    TO    A   RESOLVE    OF   THE    GENERAL    ASSEMBLY, 

UNDER    THE    SUPERINTENDENCE    OF   THE 

SECRETARY  OF  SAID  STATE. 


State  of  eonnectfcut,  ss : 

OFFICE    OF   THE    SECRETARY    OF   SAID    STATE,   JUNE,    1839. 


HARTFORD : 

PRINTED    AT   THE    COURANT    OFFICE. 
1839. 


PUBLIC  ACTS. 


CHAPTER   I. 

An  Act  providing  for  the  safe  keeping  of  the  Arms  be- 
longing to  the  State  of  Connecticut. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  it 
shall  be  the  duty  of  the  commanding  officer  of  any  com-  Duty  of  com- 
pany to  which  the  arms  of  this  State  have  been  distri-  "^o'f  compa- 
buted,  to  place  the  same  in  charge  of  an  agent  appoint-  n'68  «s  to  the 
ed  or  to  be  by  him  appointed  for  keeping  the  same,  and  state,  that  are 
whenever  said  arms  shall  have  been  used,  to  cause  the  distributed,&c. 
same  to  be  immediately  returned  to  said  agent,  who  shall  &"/  ° 
thereupon  take  charge  of,  thoroughly  clean  and  safely 
deposite  said  arms  in  some  secure  place  ;  and  said  agent 
shall  suffer  said  arms  to  be  used  for  company  exercise 
or  review  only — and  for  any  failure,  to  perform  the  du- 
ties imposed  by  this  act,  said  commanding  officer  shall 
be  liable,  on  satisfactory  proof  of  such  failure  to  be  de- 
prived of  his  commission  by  the  General  Assembly  ;  and 
such  agent  shall  be  paid  in  the  manner  provided  in  the 
fourth  section  of  the  "  Act  in  addition  to  and  alteration 
of  an  act  entitled  an  act  to  authorize  the  distribution  of 
arms  belonging  to  the  State  of  Connecticut." 

SECT.  2.  It  shall  be  the  duty  of  the  selectmen  of  each  Duty  of  select- 
town  in  which  said  arms  are  deposited,  annually,  or  as  mfi  '"  towns 
often   as  the   quarter  master  general  shall  direct,    to  armsare depo- 
inspect  the  condition  of  said  arms,  and  to  report  to  the  8ited- 
quarter  master  general  any  failure  of  any  commanding 
officer  or  agent  aforesaid,  to  perform  the  duties  imposed 
by  this  act,  and  the  quarter  master  general  is  hereby 
authorized  and  empowered,  if  in  his  opinion  it  shall  ap- 
pear that  the  provisions  of  this  act  are  not  complied 
with,  to  cause  said  arms  to  be   returned  to  the  arsenal ; 


2013140 


BANKS. 


Duty  of  justi-  and  it  shall  also  be  the  duty  of  any  justice  of  the  peace, 
ud°fgrw^ju!  or  grand  juror,  to  report  to  the  quarter  master  general 
ton  to  report,  all  violations  of  this  act. 

SECT.  3.     Be  itfurtlier  enacted.  That  all  laws,  incon- 
sistent herewith,  are  hereby  repealed. 
Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


Confirming 


CHAPTER    II. 

An  Act  to  Confirm  the  Doings  of  Towns  and  the  As- 
sessors in  certain  cases. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  whenever  any 
town  in  this  State,  may  have  appointed  its  assessors  and 
board  of  relief  at  its  annual  meeting  in  the  month  of 
October,  and  at  said  meeting  holden  by  adjournment  on 
a  subsequent  day  in  said  month,  may  have  filled  any  va- 
cancy in  the  list  of  said  officers,  occasioned  by  death, 
removal,  refusal  or  incapacity  from  sickness,  or  whenev- 
er the  assessors  in  any  town,  may  have  omitted  to  sign 
or  return  an  abstract  of  the  assessment  list  of  their  re- 
spective towns,  or  to  lodge  the  same  in  the  town  clerk's 
office  of  said  town,  by  the  first  day  of  December  in  each 
year,  the  assessment  list  of  said  town,  shall  not  for  such 
cause,  be  adjudged  void.  And  all  taxes  which  have  been 
or  shall  hereafter  be  levied  and  imposed  according  to 
said  assessment  list,  may  notwithstanding,  be  levied  and 
collected.  Provided,  that  no  claim,  which  is  the  subject 
of  any  suit  or  action  now  pending,  shall  in  any  manner 
be  affected  by  the  provisions  of  this  act. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER  HI. 

An  Act  in  alteration  of  an  Act  entitled  "  An  Act  to  es- 
tablish the  Stamford  Bank  ;"  passed  May,  1834. 

SECT.  1 .     BE  it  enacted  by  the  Senate  and  House  of 

Representatives  in  General  Assembly  convened,  That  the 

The  debts  of  debts  of  said  corporation,  whether  by  bond,  bill  or  note, 

the  ba      "50  s^a^  not  at  any  t'me  exceed  ^^7  Per  cent,  over  and  be- 
be*  yond  the  total  amount  of  the  capital  stock  actually  paid 


BANKS. 


in,  and  of  the  monies  deposited   in  said  bank  for  safe  y°nd   *a    *• 
i        •  i  ,i  i     /•  ^i       •  i  ^i          •        c     •  i  mount  of  cap- 

keeping  ;  and  that  so  much  of  the  eighth  section  of  said  itai  paid  in  and 

act  as  provides  that  such   debts   shall  not  exceed  the  ^^^  for 
amount  of  such  capital  stock  and  deposits  be,  and  the 
same  hereby  is  repealed. 

SECT.  2.  If  on  the  failure  of  said   corporation,  the 
debts  thereof  by  bond,  bill  or  note  as  aforesaid,  shall  ex- 
ceed fifty  per  cent,  over  and  beyond  the  total  amount 
of  the  capital  stock  of  said  bank  actually  paid  in,  and  of 
the  monies  deposited  in  said  bank  for  safe  keeping  at  the 
time  when  such  excess  of  indebtedness  was  contracted, 
then  the  president,  directors  and  cashier  of  said  corpora-  If  °n  failure  of 
tion,  who  have  caused  or  assented  to  such  excess,  shall  excess*"^  S^n- 
be  liable  as  joint  and  several  debtors  to  pay  the  notes  and  debtedness  ex- 
bills  of  said  corporation  of  the  denomination  of  one  hun-  crat.  as  If 
dred  dollars  and  under  ;  and  that  the  12th  section  of  the  ?aif.~r™ho 
said  act  of  which  this  is  an  alteration,  except  the   two 
provisos,  be,  and  the  same  is  hereby  repealed. 

Approved  June  1,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   IV. 

An  Act  in  alteration  of  an  Act  entitled  an  Act  to  incor- 
porate the  Tolland  County  Bank. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the 
last  clause  in  the  sixth  section  of  said  act,  be  so  amended 
as  to  read  as  follows :  The  debts  of  the  corporation, 
whether  by  bill,  bond  or  note,  shall  not  at  any  time  ex- 
ceed fifty  per  cent,  over  and  above  the  capital  stock  ac- 
tually paid  in,  and  the  monies  deposited  in  said  bank  for 
safe  keeping  ;  and  all  acts  or  parts  of  acts,  inconsistent 
herewith,  are  hereby  repealed. 

SECT.  2.  Be  it  further  enacted,  That  the  provision  in 
said  act,  requiring  the  directors  of  said  bank  to  give 
bonds,  be,  and  the  same  is  hereby  repealed. 

Approved  May  24th,  1839. 

WILLIAM  W.  ELLSWORTH. 


BANKS. 


CHAPTER    V. 

An  Act  to  incorporate  the  Plainfield  Savings  Bank. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
The  Plainfield  Representatives  in  General  Assembly  convened,  That 
111  '  Arnold  Fenner,  Erastus  Lester,  Sessions  Lester,  William 
A.  Lester,  Isaac  K.  Cutler,  Jeremiah  S.  Webb,  Ira  Hyde, 
Nathaniel  Frinck,  Allen  Harris,  Abel  Kennedy,  William 
P.  Darbe,  Daniel  Wheeler,  Daniel  Wheeler,  jr.,  Joseph 
S.  Gladding,  William  Storrs,  George  Kenyon,  John  Dun- 
lap,  Morey  Burgess,  Sanford  Boyden,  Lyman  Spalding, 
Gardner  Rouse,  Henry  Douglass,  Samuel  Humes,  John 
Wheeler,  Jesse  H.  Medbury  and  William  Dyer,  be,  and 
they  are  hereby  incorporated  by  the  name  and  style  of 
the  Plainfield  Savings  Bank,  and  that  they  and  such 
others  as  shall  be  duly  elected  members  of  said  corpora- 
tion, shall  be  and  remain  a  body  politic  and  corporate, 
by  the  name  and  style  aforesaid. 

Amount  to  be       SECT.  2.  Said  corporation  shall  be  capable  of  receiv- 
receiyed  of  one  Jng  from  any  person  or  persons,  any  deposite  or  depos- 
n^more'inany  ites  of  money  not  exceeding  two  hundred  dollars,  either 
one  year.         directly  or  indirectly,  from  any  individual  in  any  one 
year,  and  to  use  and  improve  the  same  at  their  discre- 
tion, as  hereinafter  provided. 

Toioanmoney       SECT.  3.    All  deposites  of  money  received  by  said 
on  mortgage  of  corporation,  shall  be  used  and  improved  to  the  best  advan- 
ate'   c*  tage,  by  loaning  the  same,  by  order  or  consent  of  a  ma- 
jority of  the  directors,  on  mortgage  of  real  estate  or  other 
The  funds  how  undoubted   security,  and  in  a  manner  not  inconsistent 
vested,  &c.      with  the  laws  of  this  State  ;  and  the  funds  of  said  corpo- 
ration may  be  vested  by  purchase  in  bank  stock  in  any 
bank  in  this  State ;  or  in  the  State  of  Rhode  Island,  or 
any  other  public  stock  of  any  State,  or  of  the  United 
States  ;  and  said  society  may  dispose  of  the  same,  from 
time  to  time,  to  such  an  amount  as  will  meet  the  demand 
for  deposites  ;  and  the  income  or  profits  thereof,  shall  be 
applied  and  divided  among  the  persons  making  the  de- 
posites, their  executors  or  administrators,  in  just  propor- 
tions, with  such  reasonable  deduction  as  may  be  charge- 
able thereon,  and  the  principal  of  such  deposite  or  de- 
posites, may  be  withdrawn,  by  the  owner  or  owners 
thereof,  or  by  any  other  person  or  persons  duly  author- 
ized for  that  purpose,  on  giving  notice  of  such  intention 
in  writing,  and  lodging  the  same  with  the  secretary  of 


said  corporation,  at  least  four  months  previous  to  with- 
drawing such  deposite  or  deposites. 

SECT.  4.  Said  corporation  shall  at  their  annual  meet-  The  members 
ing  in  June,  elect  by  ballot,  any  other  person  or  persons,  cS^w^ia 
to  be  members  of  said  society,  in  case  of  any  vacancy,  so  in  number, 
that  the  members  shall  not  be  reduced  below  twelve  in 
number. 

SECT.  5.  Said  corporation  may  have  a  common  seal,  May  have  ,a 
,  J     ,  ,      common   seal, 

and  all  deeds,  grants,  covenants,  and  agreements,  made  &c. 

by  any  person  by  their  authority  and  direction,  accord- 
ing to  the  bye-laws  of  said  society,  shall  be  good  and 
valid  ;  and  said  corporation  may  sue  and  be  sued,  may 
defend,  and  shall  be  held  to  answer  by  said  corporate 
name. 

SECT.  6.  A  meeting  of  the  members  of  said  society  When  to  meet 

i     11  i       111  •  i  T?I    •    r-    i  i    •  i       f  T  — quorum  how 

shall  be  held  at  said  Plamfield,  in  the  month  of  June  an-  formed— to  e. 
nually,  and  at  such  other  times  as  they  shall  judge  expe-  ^  th^ir  °% 
dient,  and  any  seven  members  of  said  corporation,  the  annual    meet- 
president,  a  vice-president,  treasurer  or  secretary  being  infr 
one,  shall  be  a  quorum.     And  said  corporation  at  their 
annual  meeting,  shall  elect  a  president,  vice-president, 
five  directors,  and  all  other  such  officers  as  to  them  shall 
appear  necessary,  which  officers  shall  continue  in  office 
one  year,  and  until  others  are  chosen  in  their  room. 

SECT.  7.  No   president,  vice  president   or  trustee  of  President,  &c. 
said  corporation,  shall   be   entitled  to,   or  receive  any  compensation0 
compensation  for  his  services,  and  no  member  thereof  for  services, 
shall  be  the  hirer  or  borrower,  or  surety  for  any  hirer  or 
borrower,  (of  the  funds  of  said  corporation,)  or  any  part 
thereof. 

SECT.  8.  Said  corporation   shall  have   the  power  of  To  make  bye- 
making  bye-laws  for  the  more  orderly  managing  of  the  laws» &0- 
business  of  said  corporation,  provided  the  same  are  not 
repugnant  to  the  constitution  and  laws  of  this  State. 

SECT.  9.  Arnold  Fenner,  Esq.  is  hereby  authorized  to  Who  to   call 
call  the  first  meeting  of  said  corporation,  by  causing  per-  [£?  fim  meet~ 
sonal  notice  to  be  given  to  the  members  thereof,  of  the 
time   and  place  of  holding  said  meeting,  in  the  month 
of  June,  1839. 

SECT.  10.  It  shall  be  the  duty  of  the  president  and 
directors  of  said  corporation,  to  make  annual  report  of 
the  deposites  and  dividends  declared  and  made.  Provi- 
ded always,  that  this  act,  or  any  part  thereof,  may  be 
altered,  amended  or  repealed,  at  the  pleasure  of  the 
General  Assembly. 

Approved  June  1st,  1839. 

WILLIAM  W.  ELLSWORTH. 


CITIES. 


CHAPTER   VI. 


An  Act  in  addition  to  an  "  Act  to  Incorporate  the  City 
of  Bridgeport." 

Common  coun-      BE  it  enacted  by  the  Senate  and  House  of  Representa- 
drai^and0^"-  tives  in  General  Assembly  convened,  That  whenever  the 
signatethepia-  court  of  common  council  of  said  city,  shall  judge  it  con- 
wfdthTf  said  ducive  to  the  health  of  the  inhabitants,  to  open  and  es- 
drains,  &c.       tablish  drains  in  said  city,  said  court  of  common  council 
may  designate  the  places  where  such  drains  shall  be 
opened,  and  the  depth  and  width  and  manner  of  build- 
ing thereof.     And  such  drains  may  be  opened  through 
lands  of  individual  proprietors,  also  through  public  high- 
T  •    -j  .    .v    ways,  and  said  court  of  common  council  may  employ 

Liquidate    the        .J  , 7,  .       .  .  „       J     .     r     J 

expense,  appor-  suitable  persons  to  open  such  drains,  and  from  time  to 
tion  and  assess  time  cleanse  and  repair  the  same,  and   may  adjust  and 

the  costs,  &c.     i.      •  i  i  i  /.  ,  .  •        »  , 

liquidate  the  expense  thereof;  and  apportion  and  assess 
the  same,  upon  the  several  proprietors  of  lands,  through 
which  drains  are  made,  and  also  upon  the  proprietors  of 
such  grounds  as  are  drained  thereby,  and  such  assess- 
ments shall  be  collected  in  the  same  manner  and  form 
.  as  is  prescribed  in  the  forty-sixth  section  of  the  act  to 

thegSdomgs  of  which  this  is  an  addition  ;  and  the  same  powers  are  here- 
the    common  by  granted  and  same  duties  enjoined.     Provided  always, 

council      may  .r  V3  -f  i     n   L  •          i    i      _i        i    •  r- 

apply  to    the  that  it  any  person  shall  be  aggrieved  by  the  doings  of 
next     county  the  common  council  under  this  act,   he  or  they,   shall 

court— mode  of  ,  .,  ...  ,.          /•       •         .,1     •  i    •  \  . 

service  and  have  the  privilege  of  preferring  their  complaint  to  the 
time,  &c.  next  county  court  in  the  county  of  Fairfield  against  said 
city,  by  leaving  a  copy  of  such  complaint,  with  the  city 
clerk,  at  least  twelve  days  before  the  sitting  of  said 
court,  and  if  said  court  on  hearing  such  complaint,  shall 
be  of  opinion  that  any  part  of  such  expense  so  incurred, 
ought  to  be  borne  by  said  city,  said  court  shall  order  that 
said  complainant  be  relieved  from  the  payment  of  such 
part,  or  the  whole  of  such  expense,  as  to  them  may  appear 
just  and  equitable  ;  and  if  it  should  appear  that  such 
complainant  hath  actually  paid  any  sum  or  sums  of 
money,  which  ought  to  be  refunded,  said  court  may  grant 
execution  in  favor  of  such  complainant  against  said  city. 
Approved  May  29th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CITIES. 


CHAPTER   VII. 

An  Act  altering  the  limits  of  the  City  of  Bridgeport. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  from 
and  after  the  passing  of  this  act,  all  that  part  of  the  pre- 
sent city  of  Bridgeport,  lying  and  being  upon  the  east- 
erly side  of  Pequonoc  river  and  Bridgeport  harbor,  shall 
cease  to  be,  and  no  longer  form  a  part  of  the  city  of 
Bridgeport,  and  that  the  inhabitants  dwelling  within  said 
part  shall  thereafter  be  released  from,  and  no  longer  sub- 
ject to  the  government,  laws  or  regulations  of  said  city. 
And  that  all  the  inhabitants,  being  electors  of  this  State, 
dwelling  within  the  original  limits  of  said  city,  exclusive 
of  the  said  part  hereby  set  off,  shall  be  and  remain  a  body 
politic  and  corporate,  by  the  name  of  the  mayor,  alder- 
men, common  council  and  freemen  of  the  city  of  Bridge- 
port, with  all  the  powers,  rights,  and  privileges,  now  by 
law  conferred  on  them,  so  far  as  the  same  are  consistent 
with  the  provisions  of  this  act,  and  no  further. 

SECT.  2.  Whereas,  said  city  of  Bridgeport  have  here- 
tofore subscribed  to  the  capital  stock  of  the  Housatonic 
rail  road  company,  the  sum  of  one  hundred  and  fifty 
thousand  dollars  in  the  whole  ;  and  to  raise  money  for 
the  payment  in  part  of  said  stock  so  subscribed,  have 
caused  scrip  to  be  issued,  to  the  amount  of  one  hundred 
thousand  dollars,  payable  at  a  future  day,  and  bearing 
interest;  and  it  is  expected  that  further  scrip  will  be  is- 
sued to  raise  money  for  the  balance  of  said  subscriptions,  Liability  of 

n     •     f  i     mi  •    i     i  •  •  i  •         •      those    set    off 

Be  it  further  enacted,  That  the  inhabitants  residing  in  for  their  ratea- 
said  part  hereby  set  off  from  said  city,  shall  be,  and  re-  ble  share  of  the 

•  *i-  i_i     /•      •?  •  i     •          c    i     •     •  i   scrip  to  aid  the 

main  liable  tor  the  payment  to  said  city,  of  their  just  and  rail  road,  &c. 
rateable  share  of  said  sum  so  subscribed  to  said  stock,  a?d  olhe.r  Pre- 

T  i  ^  V   *.        £    tr^nn.     .,  '.M      V10U3  llebts&C. 

according  to  the  assessment  list  or  lbJ9,  together  with  to  be  ascertain- 
the  interest  which  has  accrued,  or  which  shall  hereafter  ed  by  the  com- 

.«•«••»'«  f  •    .  nion     council, 

accrue  upon  their  said  share,  at  the  same  rate  of  interest  &c.— duty   of 
payable  by  said  city  upon  said  scrip,  at  the  same  times  selectmen, 
and  in  such  proportional  sums  as  said  city  shall  be  liable, 
according  to  the  tenor  of  said  scrip  so  issued,  and  to  be 
issued  as  aforesaid,  to  pay  and  redeem  the  interest  and 
principal  thereof,  and  that  the  inhabitants  of  said  part  so 
set  off  as  aforesaid,  shall  also  be,  and  remain  liable  to  pay 
to  said  city  their  just  and  rateable  share,  according  to 
the  assessment  list  aforesaid,  of  all  other  debts  now  out- 
2 


10  CITIES. 

standing  against  said  city  ;  and  the  county  court  for 
the  county  of  Fairfield  is  hereby  authorized,  upon  the 
application  of  the  common  council  of  said  city,  within 
sixty  days  from  the  passage  of  this  act,  to  liquidate  and 
ascertain  the  sums  so  to  be  paid  by  the  said  inhabitants 
residing  in  said  part  hereby  set  off,  and  when  so  liqui- 
dated and  ascertained,  the  selectmen  of  the  town  of 
Bridgeport  for  the  time  being,  shall  have  power,  and  au- 
thority is  hereby  given  to  them,  and  they  are  hereby  di- 
rected to  assess  the  sum  to  be  paid  by  said  inhabitants 
residing  in  said  part  hereby  set  off,  as  their  proportion 
of  the  outstanding  debts  of  said  city,  exclusive  of  the  debts 
on  account  of  the  subscription  to  said  stock,  upon  the 
polls  and  rateable  estate  of  said  inhabitants,  and  cause  a 
warrant  to  be  issued  for  the  collection  thereof,  signed  by 
a  justice  of  the  peace,  and  directed  to  the  collector  of 
said  city  for  the  time  being,  who  shall  proceed  with,  and 
collect  said  tax  and  pay  over  the  same  to  the  treasurer  of 
said  city,  in  the  same  manner  as  though  said  tax  had 
been  laid  by  said  city.  And  so  in  like  manner,  the  sums 
to  be  paid  by  said  inhabitants  as  their  proportion  of  the 
sum  subscribed  to  the  stock  of  said  Housatonic  rail  road 
company,  and  the  interest  thereon,  may  be  assessed  upon 
the  polls  and  rateable  estate,  and  from  time  to  time 
collected  of  said  inhabitants  as  the  same  shall  become 
payable,  according  to  the  provisions  of  this  act  :  and  the 
sums  so  to  be  assessed  and  collected  as  aforesaid  of  said 
inhabitants,  shall  be  assessed  upon  the  assessment  lists 
last  perfected  before  such  assessment  shall  be  made. 

SECT.  3.  Be  it  further  enacted,  That  the  fire  engine 

fndViM^^b8  nouse  recently  erected  by  said  city,  and  the  three  fire 

whom^wnecl  engines  hitherto  owned  by  said  city,  and  the  stock  so 

~d£d  h°W  di   subscribed  by  said  city  in  the  Housatonic  rail  road  com- 

pany, shall  belong  to,  and  be  owned  by  said  city,  and 

said  inhabitants  residing  in  the  part  hereby  set  off,  in 

proportion  to  the  amount  of  their  assessment  lists  of 

1839,   and   upon  the   application  of  either  party,  the 

county  court  for  the  county  of  Fairfield  is  hereby  author- 

ized, and  fully  empowered  to  divide  said  property  be- 

tween the  said  parties  accordingly. 

East    Bridge-       SECT.  4.  For  the  purpose  of  holding,  managing  and 

portincorpora-  disposing  of  said  property,  said  inhabitants  residing  and 
d-po*      >f 


-po*      >  to  reside  jn  lhe  gaid  part  go  nereby  get  off>  are  nereby 

made  and  constituted  a  body  politic  and  corporate,  by 
the  name  of  East  Bridgeport,  with  power  by  that  name 
to  sue  and  be  sued,  plead  and  be  impleaded,  defend  and 
be  defended  in  any  court  of  record  or  elsewhere,  and  to 


CITIES.  11 

appoint  such  agents  and  officers,  and  adopt  such  regula- 
tions, acts  and  bye-laws,  as  they  shall  deem  necessary 
for  the  management  and  disposition  of  said  property,  or 
any  part  thereof. 

SECT.  5.  The  first  meeting  of  said  corporation  may  The  first  meet- 
be  called  by  either  two  of  the  selectmen  of  the  town  of  edgand^proceel 
Bridgeport,  they  causing  notice  of  the  time  and  place  of  ded  with, 
holding  such  meeting  to  be  published  at  least  two  weeks 
previous  thereto,  in  some  public  newspaper  printed  in 
said  city  of  Bridgeport,  and  at  which  said  meeting,  the 
first  or  senior  selectman  of  said  town,  present  at  such 
meeting,  shall  preside,  and  no  person  shall  be  permitted 
to  vote  at  said  meeting  or  any  other  meeting  of  said  cor- 
poration, who  shall  not  be   legally  qualified  to  vote  in 
town  meeting. 

SECT.  6.    Said  inhabitants,  so  residing  in  said  part  Appropriation 

ii  /r     L    11  i  1-1  •  •  i  ofincomes,pro- 

hereby  set  on,  snail  be  at  liberty  to  appropriate  said  pro-  ceeds,  &c. 
perty  or  the  income  or  proceeds  thereof  to  the  purposes 
of  schooling  or  any  other  lawful  purpose  as  they  see  fit. 
Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 

•*•  '.'.*!''  :   ;'•''•  " •'.  ;    '    '•    *•     ••  •>•      ?  .,(."'''•  ;•       '  *.'•'.* 

WHEREAS,  it  appears  to  this  Assembly,  that  two  mistakes 
have  intervened  in  an  act  of  the  present  session,  enti- 
tled "  an  Act  altering  the  limits  of  the  city  of  Bridge- 
port," passed  at  the  present  session  ;  and  whereas  it 
is  the  wish  of  all  parties  in  interest,  that  said  mistakes 
should  be  corrected — 

Resolved  by  this  Assembly,  That  the  first  of  said 
mistakes  be  corrected  by  substituting  in  the  second  sec- 
tion, the  figures  1838  for  1839,  and  by  substituting  in  the 
same  section,  the  word  ninety  for  the  word  sixty,  and 
that  this  resolution  be  regarded  as  a  part  of  said  act. 


CHAPTER    VIII. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  to  se- 
cure the  City  of  Hartford  from  damage  by  fire." 
Passed  May,  1  799. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of  Materials  of 
Representatives  in  General  Assembly  convened,  That  all 


buildings  which  shall  be  hereafter  erected  in  the  city  of  buildings  erec- 
Hartford,  within  the  fire  limits,  so  called,  to  be  warmed  £herc'tf  'of 
or  heated  by  a  chimney,  fire-place,  stove  or  pipe  or  any  Hartford  shall 
fire  heat,  or  to  be  used  for  curing  or  drying  any  provis- 


12  CITIES. 


wewere  ions  or  other  articles,  by  means  of  fire,  shall  have  their 
fire  or  fire  heat  outer  walls  composed  entirely  of  brick  or  stone,  and  mor- 
™^?  ^  ^  in  tar  ?  and  all  additions  that  may  be  made  to  any  building 

said   buildings  '    ,  ,  ,  .  •"     ,  r  i         •   i  • 

&c.  already  erected,  or  that  may  be  hereafter  erected  within 

said  limits,  to  be  warmed,  heated  or  used  as  aforesaid, 
shall  have  their  outer  walls  composed  entirely  of  brick  or 
stone,  and  mortar.  Provided  however,  that  such  buildings 
may  be  otherwise  constructed,  by  licence  of  the  court  of 
common  council  of  said  city. 

Penalty  for  the  SECT.  2.  Every  person  who  shall  erect,  add  to,  or 
cause  to  be  erected  or  added  to,  any  building  within  the 
aforesaid  limits,  contrary  to  the  provisions  of  this  act, 
shall  forfeit  the  same  amount,  and  be  liable  to  be  assessed 
in  the  same  manner  as  is  prescribed  by  the  act  to  which 
this  is  an  addition,  for  violating  the  provisions  of  said  act. 
Approved  June  1st,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   IX. 

An  Act  in  addition  to  an  Act  to  secure  the  City  of  New 
Haven  from  Fire. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  a  strip  of  flats 
in  New  Haven  harbor,  situated  within  the  canal  basin, 
and  adjoining  the  northerly  side  of  the  basin  wharf,  one 
hundred  feet  wide,  and  extending  from  the  east  wall  at 
the  west  gate,  through  said  basin  wharf,  to  the  west  wall 
at  the  east  gate,  through  said  wharf,  shall  be,  and  the 
same  is  hereby  exempted  from  the  provisions  of  the  act 
to  which  this  is  an  addition.  Provided,  that  this  act  shall 
not  take  effect  until  the  same  shall  have  been  approved 
by  the  freemen  of  the  city  of  New  Haven,  in  legal  meet- 
ing assembled. 

Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER     X. 

An  Act  to  amend  the  Charter  of  the  City  of  New  Haven. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  it  shall  be  the 
duty  of  the  clerk  of  the  city  of  New  Haven,  to  cause  all 


CONSTITUTION.  13 


the  bye-laws  of  said  city,  hereafter  enacted,  to  be  pub- 
lished, as  is  by  law  provided ;  and  to  make  entries  at- 
tested by  him  of  such  publication,  and  of  the  publication 
of  the  present  bye-laws  of  said  city,  upon  the  records 
thereof;  and  a  certified  copy  by  the  clerk  of  said  city, 
of  any  such  entry,  shall  be  evidence  of  such  publication. 
Approved  May  30th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XI. 

An  Act  proposing  to  the  people  an  Amendment  of  the 
Constitution. 

Whereas,  at  a  General  Assembly  of  the  State  of  Con- 
necticut, holden  at  Hartford,  on  the  first  Wednesday  of 
May,  A.  D.  1837,  the  House  of  Representatives  passed 
a  resolution  proposing  an  amendment  to  the  constitution 
of  this  State,  which  amendment  was  continued  to  the 
session  of  said  Assembly,  held  at  New  Haven,  on  the  first 
Wednesday  of  May,  1838,  and  published  with  the  laws 
of  said  sesson  of  1837  ;  and  whereas,  at  the  said  session 
of  1838,  twTo  thirds  of  each  House  of  the  General  As- 
sembly approved  of  said  amendment  in  the  manner  pre- 
scribed in  said  constitution,  which  amendment  is  in  these 
words,  to  wit :  "  Every  white  male  citizen  of  the  United 
States  who  shall  have  resided  in  this  State  one  year ;  attain- 
ed the  age  of  twenty-one  years  ;  and  resided  in  the  town 
in  which  he  may  offer  himself  to  be  admitted  to  the  privi- 
lege of  an  elector,  at  least  six  months  preceding  ;  and  have 
a  freehold  estate  of  the  yearly  value  of  seven  dollars  in 
this  State ;  or  having  been  enrolled  in  the  militia,  shall  have 
performed  military  duty  therein  for  the  term  of  one  year 
next  preceding  the  term  he  shall  offer  himself  for  admis- 
sion ;  or  being  liable  thereto,  shall  have  been  by  authority 
of  law  excused  therefrom ;  or  shall  have  paid  a  State  tax 
within  the  year  next  preceding  the  time  he  shall  present 
himself  for  admission  ;  and  shall  sustain  a  good  moral 
character  ;  shall,  on  his  taking  such  oath  as  may  be  pre- 
scribed by  law,  be  an  elector.  Now,  therefore, 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the  Constables  to 
constables  in  the  several  towns  in  this  Stale  shall  warn  ™™  ill6  etch 
the  electors  in  their  respective  towns  to  meet  on  the  first  town  to  meet. 
Monday  in  October  next,  at  9  o'clock  in  the  morning  of  Monday  of  o? 
said  day,  for  the  purpose  of  signifying  as  hereinafter  pro-  tobemext,  at  9 


14  CONSTITUTION. 


o'clock,  A.  M.,  vided,  their  approbation  or  disapprobation  of  the  propo- 
disapprovesaid  sed  amendment ;  which  meeting  shall  be  held  at  the 
amendment.  same  places,  and  the  same  notice  thereof  shall  be  given, 
ceT'how  °ap-  as  is  provided  in  the  first  section  of  an  act  entitled  "  an 
pointed.  act  providing  for  the  appointment  of  electors  of  presi- 

dent and  vice-president  of  the  United  States  ;"  and  the 
presiding  officer  shall  be  appointed  in  the  manner  pre- 
Who  to  present  scribed  in  said  act. 

mSt  rCthe  SECT'  2"  II  shaH  be  the  duty  °f  the  town  clerk  to  Pre- 
meetings-duty  sent  to  said  meeting,  said  proposed  amendment  to  the 

ficeiridmS  °f  constitution ;  and   after   due  consideration  thereof,  the 
electors  present   shall    be  called  upon  by  the  presiding 
officer  to  bring  in  to  him  their  respective  votes  by  ballot, 
regarding  said  amendment.     Those  in  favor  of  approving 
and  adopting  said  amendment,  shall  give  in  a  ballot  with 
the  word  "  Yes"  written   thereon  ;  and  those  who  dis- 
approve thereof  shall  give  in  a  ballot   with   the  word 
How  to    ap-  "  No"  written  thereon  ;  which  said   ballot   shall  be  ex- 
prove  or  dis-  amined,  sorted  and  counted  by  the  presiding  officer,  as- 

approve— votes     •        ,  •  J  ,         ' 

to  be  declared,  sisted  by  the  town  clerk  and  selectmen,  and  the  number 
&c-  of  each,  declared  in  open  meeting  by  said  presiding  offi- 

cer. 

Duty  of  the  SECT.  3.  The  presiding  officer  in  said  several  town 
presiding  ofli-  meetings  shall  under  their  hands  respectively  make  du- 
retunifof  vote°f  P^cate  certificates  of  the  number  of  votes  so  given  and 
&c.  '  ascertained  as  aforesaid  in  favor  of  approving  and  adopt- 

ing said  amendment,  and  also  of  those  disapproving  of 
its  adoption,  in  words  at  full  length,  one  of  which  shall  be 
deposited  in  the  office  of  the  town  clerk  in  the  town  in 
which  such  meeting  shall  be  held,  and  the  other  within 
ten  days  after  the  day  of  holding  said  meeting,  shall  be 
delivered,  sealed  up,  to  the  secretary  of  this  State,  or  to 
the  sheriff  of  the  county  to  which  such  town  belongs,  and 
said  sheriff  shall  deliver,  or  cause  it  to  be  delivered  to  the 
secretary  of  this  State,  within  fifteen  days  after  the  day 
of  said  meeting,  which  certificates  shall  be  in  the  form 
following,  to  wit : 

"  At  a  meeting  of  the  electors  of  the  town  of 
legally  warned  and  held  on  the  first  Monday  of  October, 
1839,  for  the  purpose  of  receiving  the  votes  of  said  elec- 
tors, upon  the  adoption  of  a  proposed  amendment  to  the 
constitution  of  this  State,  relating  to  the  admission 
of  electors,  there  were  given  in  favor  of  adopting  said 
amendment  votes,  and  against  the  adoption  of 

the  same  votes. 

Certified  by  A.  B.  presiding  officer. 


CONSTITUTION.  15 


And  the  superscription  of  said  certificate  shall  be  as 
follows : 

"  To  the  secretary  of  this  State — Votes  of  the  electors 
of  the  town  of  upon  the  proposed  amendment 

to  the  constitution,  taken  and  sealed  up  by 

A.  B.  presiding  officer." 

And  the  secretary  of  this  State  shall  transmit,  on  or 
before  the  first  Monday  in  September,  1839,  blank  forms 
for  the  return  of  votes,  to  be  given  pursuant  to  this  act, 
to  the  town  clerks  of  the  several  towns  in  this  State,  for 
the  use  of  said  towns. 

SECT.  4.  The  votes  so  returned  to  the  secretary,  shall  Votes  by 
be  counted  by  the  treasurer,  secretary,  and  comptroller,  ^.- 
on  or  before  the  first  Monday  in  November,  1839,  who,  yassedtobede- 
on  or  before  the  fifteenth  day  of  November,  1839,  shall  jj^Jo£_£! 
transmit  a  certificate  under  their  hands,  of  the  number  of  ty  of  the  gov- 
votes  so  returned,  in  favor  of  approving  and  adopting  ernor' 
said  amendment,  and  also  of  the  number  of  votes  so  re- 
turned, disapproving  of  the  adoption  of  the  same,  to  the 
person  administering  the  government  of  this  State,  who 
within  twenty  days  after  the  receipt  of  said  certificate, 
shall  issue  his  proclamation,  reciting  such  certificate,  and 
if  it  shall  appear  therefrom,  that  a  majority  of  said  votes 
are  in  favor  of  approving  and  adopting  said  amendment, 
he  shall  so  declare  in  such  proclamation,  and  that  a  ma- 
jority of  the  electors  present  at  such  meetings  aforesaid, 
have  approved  said  amendment,  and  that  the  same  is 
valid,  to  all  intents  and  purposes,  as  a  part  of  the  consti- 
tution of  this  State.  And  if  it  shall  appear  from  said 
eertificate,  that  a  majority  of  said  votes  are  not  in  favor 
of  approving  and  adopting  said  amendment,  but  are  op- 
posed to  the  same,  he  shall  so  declare  in  said  proclama- 
tion, and  that  a  majority  of  the  electors  present  at  such 
meetings,  have  not  approved  said  amendment ;  and  said 
proclamation  shall  be  published  in  all  the  newspapers 
printed  in  this  State,  and  recorded  in  the  public  records 
thereof. 

Approved  May  29th,  1839. 

WILLIAM  W.  ELLSWORTH. 


16  COURTS. 


CHAPTER    XII. 


An  Act  to  repeal  an  Act  entitled  "  an  Act  in  alteration 
of  an  act  entitled  "  an  Act  for  constituting  and  regu- 
lating Courts,  and  for  appointing  the  times  and  places 
of  holding  the  same,"  passed  in  1836  ;  and  for  other 
purposes. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 

R  Representatives  in  General  Assembly  convened,  That  so 

much  of  said  act  as  directs  that  the  superior  court,   with- 

Superior  court  in  and  for  the  county  of  Middlesex,  be  holden  at  Had- 

to  beholden  at  dam,  in  said  county,  on  the  first  Tuesday  in  September, 

Haddamonthe  .          '     ,    .  •    V        i  j  ..i  •  i 

4th  Tuesday  in  be,  and  the  same  is  hereby  repealed  ;  and  that  said  supe- 
Aueust.  rjor  court,  shall  instead  thereof,  be  holden  at  Haddam, 

in  said  Middlesex  county,  on  the  fourth  Tuesday  in 
August. 

SECT.  2.  That  all  causes,  matters,  and  things  now  pen- 
ding in  the  superior  court,  for  said  county,  may  be  pro- 
ceeded with,  heard,  and  determined  at  the  next  term  of 
said  superior  court  as  herein  established,  in  the  same 
manner  as  if  the  time  of  holding  said  court  had  not  been 
altered. 

Approved,  May  31st,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XIII. 

An  Act  concerning  the  County  Court. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
The  judge  of  a  Representatives  in   General  Assembly  convened,     That 
dSSffto"  whenever  the  judge  of  the  county  court  shall  be  disqualifi- 
set  in  a  cause  ed  to  sit  in  a  cause  pending  before  said  court,  which  is 
wdd'ngcourn  not  appealable,  his  place  shall  be  supplied  by  the  county 
howto  proceed,  commissioners,  with  such  justice  of  the  peace  of  the  coun- 
ty, as  they  shall  select,  in  which  case  the  first  commis- 
sioner shall  preside,  and  if  either  of  the  commissioners 
court^S  s.ha11  be  .disqua»'fied  to  sit  in  a  cause,  or  perform  any  du- 
sionere  are  di*.  ties,  which  would  otherwise  be  by  law  within  his  juris- 
SrSftoJ  "  Action,  his  place  shall  be  filled  by  such  justice  of  the  peace 
cause— how  to  in  said  county,  as  the  judge  of  the  county  court  shall  se- 
proceedinsuch  ject .  ^d  if  the  judge  of  the  county  court  and  one  of  the 
commissioners  are  thus  disqualified,  their  places  shall  be 


DEPOSITIONS.  17 


filled  by  the  other  commissioner,  with  such  justices  of 
the  peace  of  the  county  as  he  shall  select,  in  which  case 
the  said  commissioner  shall  preside  ;  and  if  the  judge  of 
the  court  and  both  of  the  commissioners  are  thus  dis- 
qualified, the  court  shall  then  be  constituted  of  three 
justices  of  the  peace  of  the  county,  to  be  selected  by  the 
sheriff  of  the  county. 

SECT.  2.  That  all  acts  inconsistent  with  this  act,  be, 
and  the  same  are  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XIV. 

An  Act  in  relation  to  Depositions. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  Whenever 
a  commission  in  any  suit  depending  in  any  court  of  the 
United  States,  or  in  any  court  of  any  other  State  of  the  *"«  testimony 
United  States,  to  obtain  the  testimony  of  any  witness  ^aSton 
residing  in  this  State,  to  be  used  in  such  suit,  shall  have  have  issued  in 
issued  from  the  court  before  which  such  suit  is  pending,  to  proceed!""* 
on  producing  the  same  to  a  judge  of  the  superior  or 
county  courts,  a  judge  of  probate,  a  justice  of  the  peace, 
or  any  notary  public,  and  on  due  proof  being  made  to 
such  officer,  that  the  testimony  of  any  witness  residing  in 
this  State,  is  material  to  the  party  desiring  the  same,  such 
officer  shall  issue  a  summons  to  such  witness,  requiring 
him  to  appear  before  the  commissioner  named  in  such 
commission  to  testify  in  such  suit. 

SECT.  2.  If  any  person  shall  refuse  or  neglect  to  ap-  ^  witness  re- 
pear  before  said  commissioner,  at  the  time  and  place  p^or  to  tes£ 
mentioned  in  the  summons,  or  if  on  his  appearance,  he  fy,J>ow  to  pro- 
shall  refuse  to  testify,  the  said  officer,  issuing  such  sum- 
mons, shall  have  the  same  power  to  cause  such  witness 
to  attend  and  testify,  as  is  provided  in  the  forty-sixth 
section  of  the  act,  "  entitled  an  act  for  the  regulation  of 
civil  actions." 

SECT.  3.  Any  judge  of  the  superior  or  county  courts,  Who  has  P°W- 
or  of  any  court  of  probate  or  notary  public,  in  this  State,  shio^6^ 
shall  have  the  same  power,  and  shall  proceed  in  the  same  compel  witnes- 
manner,  to  take  depositions  to  be  used  in  any  court  of 
this  State  or  of  the  United  States,  or  of  any  other  State 
of  the  United  States,  and  to  cause  a  witness  to  attend 
3 


18 


CIVIL  ACTIONS. 


and  testify  in  obedience  to  a  summons  issued  by  him,  as 
now  is  or  may  be  hereafter  provided  by  law,  in  relation 
to  justices  of  the  peace. 

Fees  of  wit-       SECT.  4.  Any  person  attending  as  a  witness  before  any 
nesses  and  evi-  officer,  authorized  by  law  to  take  depositions,  shall  re- 
dence  required,  ceive  the  same  fees  as  now  is,  or  hereafter  shall  be  pro- 
vided by  law,  in  relation  to  witnesses  attending  before  any 
court  in  a  civil  suit,  and  before  any  compulsory  process 
shall  issue  to  cause  any  witness  to  attend  and  testify  be- 
fore said  officer,  it  shall  appear  to  the  officer  taking  the 
deposition,  or  in  the  case  of  a  commissioner,  to  the  officer 
issuing  the  summons,  that  such  witness  has   been  duly 
summoned,  and  the  amount  of  his  fees  tendered  to  him, 
by  the  officer  serving  the  same. 
Approved  May  22d,  1839. 

WILLIAM  W.  ELLSWORTH. 


cution. 


CHAPTER   XV. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  the  reg- 
ulation of  Civil  Actions." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  any  quantity 
of  charcoal,  not  exceeding  twenty-five  bushels,  any 
quantity  of  coal  other  than  charcoal,  not  exceeding  two 
tons,  any  quantity  of  wheat  flour,  not  exceeding  two 
hundred  pounds  weight;  being  the  property  of  any  one 
person,  having  a  wife  or  family,  shall  be  exempted,  and 
not  be  liable  to  be  taken  by  attachment,  warrant,  or  exe- 
cution, for  any  debt  or  tax  whatever. 

Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XVI. 

An  Act  in  addition  to  and  alteration  of  an  Act  entitled 
"  an  Act  to  regulate  the  Election  of  Senators,  and  to 
divide  the  State  into  Senatorial  Districts  for  that  pur- 
pose." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 

Representatives  in    General  Assembly  convened,    That 

Electors  of      at  the  meeting  of  the  electors  of  the  town  of  East  Lyme, 

when  anyhow  on  the  first  Monday  of  April,  A.  D.  1840,  and  annually 


ELECTIONS.  19 


thereafter,  immediately  after  the  choice  of  a  representa-  to  vote  for  reP; 

.  ,  ,    J         i  f.      .  ,  .  r        ,•£.     i   resentative  and 

tive  in  said  town,  those  electors  or  said  town,  qualified  electors  in  the 
to  vote  in  the  choice  of  such  representatives,  living  with-  seventh  aena- 

,  ,  •   i    v       •          i     11  i  ii    j  u      tonal  district— 

m  the  seventh  senatorial  district,  shall  be  called  upon  by  duty  of  presi- 
the  presiding  officer  in  each  of  such  meetings,  to  bring  dins  officer, 
in  their  ballots   for  a   senator  in  the  General  Assembly 
of  this  State,  next  ensuing  said  election,  who  at  the  time 
of  holding  such  meeting  shall  belong  to  and  reside  in  said 
seventh   senatorial  district,  and  each  elector  present  at 
such  meeting,  belonging  within  the  limits  of  said  district, 
and  qualified  as  aforesaid,  may  thereupon,  bring  in  his 
ballot  for  such  person  as  he  may  choose,  to  be  a  senator 
for  said  seventh  senatorial  district,  with  his  name  fairly 
written  or  printed  on  a  piece  of  paper.     Immediately 
thereafter,   the  presiding  officer  as  aforesaid,  shall  call  Electors   resi- 
upon  the  electors  of  said  town  of  East  Lyme,  living  Lyme"1  within 
within  the  ninth  senatorial  district  and  qualified  as  afore-  th^  ninth  sena- 
said,  to  bring  in  their  ballots  for  a  senator  in  the  General  to  vote  for  a 
Assembly  of  this  State,  next  ensuing  said  election,  who  s^na,tor.  in.said 

,  ^i      +•  /•!     i  i-  i  i     11    i     i  i   ninth  district. 

at  the  time  or  holding  such  meeting,  shall  belong  to  and 
reside  in  the  said  ninth  senatorial  district,  and  each  elec- 
tor present  at  such  meeting  and  belonging  within  the 
limits  of  said  district,  and  qualified  as  aforesaid,  may 
thereupon  bring  in  his  ballot  for  such  person  as  he  shall 
choose,  to  be  a  senator  for  said  ninth  senatorial  district, 
with  his  name  fairly  written  or  printed  on  a  piece  of  pa- 
per :  and  the  votes  so  given  in,  shall  be  separately  re- 
ceived, counted,  returned,  canvassed  and  declared,  in 
the  manner  now  provided  by  law  for  the  choice  of  sena- 
tors. 

SECT.  2.  The  presiding  officer,  in  the  meetings  of  the  Presid.ing  °ffi; 

i  r      •  \  *  r-  T?        T  in          i  cerin     East 

electors  ot  said  town  ot  .Last  -Lyme,  shall  make  out  the  Lyme  to  make 
certificate  of  the  votes  for  senator  of  the  seventh  and  return  of  votes 

.   ,    ,.       .  _  „  .  for  senator  m 

ninth  senatorial  districts  as  follows,  viz. —  the    7th   and 

ninth  senator i- 

At  a  meeting  of  the  electors  of  the  seventh  senatorial  en  in  said8 last 
district,  in  the  town  of  East  Lyme,  legally  warned  and  Lyme-,form  of 
held  on  the  first  Monday  of  April,  A.  D.  the 

following  persons  received  the  number  of  votes  annexed 
to  their  respective  names,  for  a  senator  for  the  seventh 
senatorial  district. 

ivy  )  Number  of  votes  in  words  at 

iNames.  \      f  u  i        , 

)      full  length. 

Also  at  a  meeting  of  the  electors  of  the  ninth  senatori- 
al district,  in  the  town  of  East  Lyme,  legally  warned  and 
held  as  aforesaid,  the  following  persons  received  the 


20  ELECTIONS. 


number  of  votes  annexed  to  their  respective  names,  for 
a  senator  of  the  ninth  senatorial  district. 

TVT  )  Number  of  votes  in  words  at 

Names'  |      full  length. 

Duplicate  list  of  votes  for  senator  of  the  seventh  and 
ninth  senatorial  districts. 

Certified  by  A.  B.  presiding  officer. 

SECT.  3.  The  presiding  officer  in  making  out  said  cer- 
tificate, to  be  returned  to  the  secretary  of  State,  shall  in- 
sert the  number  of  votes  in  words  at  full  length. 

SECT.  4.  The  superscription  of  said  certificate  to  be 
returned  to  the  secretary  of  State,  shall  be  as  follows  : 

To  the  Secretary  of  State — 

Votes  of  the  electors  of  the  town  of  East  Lyme, 
for  senators  of  the  seventh  and  ninth  senatorial  districts, 
taken  and  sealed  up  by 

A.  B.  presiding  officer. 

SECT.  5.  The  votes  thus  returned,  shall  have  the  same 
force  and  effect  as  they  have  been  heretofore  entitled  to, 
under  the  provisions  of  the  act  to  which  this  is  an  addi- 
tion, any  law  to  the  contrary  notwithstanding. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XVII. 

An   Act   in  relation  to  the  Adjournment  of  Electors 
Meetings. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
In  owe  of  foil  Representatives  in  General  Assembly  convened,  That  if 

Hre  to  elect  rep.     .   •»  .  i     u  /•  -i         li_     ^     *  i»/r       j  c 

resentatives  on  the  electors  in  any  town,  shall  tail  on  the  first  Monday  ot 
da*  ^T April"  April> to  e^ect  tne  representative  or  representatives,  to 
said  meeting  which  said  town  may  be  by  law  entitled  in  the  General 
turned6  b  a(jj  Assembly  of  this  State,  said  meeting  of  electors  may  be 
majority  of  e-  adjourned  by  a  vote  of  a  majority  of  the  electors  pres- 
conT^Monday  ent»  to  tne  second  Monday  in  the  same  month,  at  9  o'clock 
of  said  April,  in  the  morning ;  but  said  meeting  shall  not  be  a  second 
ward"0'  after  t'me  adjourned  f°r  tne  purpose  aforesaid. 

SECT.  2.  The  third  section  of  an  act,  passed  in  the 
Repeal.  vear  J836,  entitled  "an  act  in  addition  to,  and  in  altera- 

tion of  the  act,  regulating  the  election  of  governor,  lieu- 


ELECTIONS.  21 


tenant  governor,  senators,  members  of  the  house  of  rep- 
resentatives, treasurer  and  secretary,"  be,  and  the  same 
is  hereby  repealed. 

Approved,  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XVIII. 

An  Act  in  alteration  of  an  Act  entitled  "an  Act  provi- 
ding for  the  Election  of  Sheriffs  by  the  People." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  Whenever  jn  case  of  a 
in  the  election  of  sheriff  in  any  county,  no  person  shall  fail,ure.  *?  elff* 

,  .  •  /•    i         i  ir-i8  sheriff  on  the 

have  received  at  the  meeting  ot  the  electors  on  the  first  first  Monday  of 
Mondav  in  April,  a  majority  of  the  votes  given  for  sher-  APr)i?  the  du~ 

•£C  •      lU  *u  /  i     *y  of  canvas- 

m  in  the  county,  the  secretary,  treasurer,  and  comptrol-  sere  to  adver- 
ler  shall  give  public  notice  of  the  fact,  by  publishing  the  ^  notice  of 

j.r  '     J   r  the  facts,  and 

same  immediately,  with  the  names  or  the  persons  who  how— a  plural- 
received  the  votes  of  the  electors,  in  one  or  more  news-  Y  °f  votes  *° 
papers,  published  in  the  county  in  which  such  failure  of  trial, 
election  shall  happen,  or  if  there  be  no  newspaper  pub- 
lished in  such  county,  in  one  or  more  newspapers  pub- 
lished in  a  county  adjacent  thereto;  and  thereupon,  the 
electors  in  such  county  shall,  on  the  second  Monday  in 
May  then  next,  at  the  same  hour  and  place,  in  their  re- 
spective towns,  proceed  to  choose  a  sheriff.     And  the 
person  who  shall  have  been  ascertained  on  the  return  and 
canvass  of  the  votes,  and  in  the  revision  of  the  same  by 
the  General  Assembly,  to  have  received  the  greatest 
number  of  votes,  shall  hold  and  exercise  the  office  of 
sheriff,  as  provided  in  the  act  to  which  this  is  an  altera- 
tion. 

SECT.  2.  So  much  of  an  act,  entitled  "  an  act  provi- 
ding for  the  election  of  sheriffs,"  as  is  inconsistent  with 
this  act,  is  hereby  repealed. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


22  ELECTIONS. 


CHAPTER    XIX. 

An  Act  to  provide  for  the  Registration  of  the  Names  of 
Electors. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  The  town 
derk  and  selectmen  of  the  several  towns  in  this  State, 
ty°f-  shall    at    least   ten   days  before  the   first  Monday   in 

April  in  each  year,  make  out  correct  alphabetical  lists  of 
all  the  persons  qualified  to  vote  for  the  several  officers  to 
be  elected  at  that  time,  designating  by  placing  in  distinct 
columns  or  otherwise,  the  names  of  the  electors  author- 
ized to  vote  for  all  said  officers,  or  only  a  portion  of 
the  same,  and  specifying  which  officers  ;  and  shall  at 
least  ten  days  before  said  election,  cause  such  list  to  be 
posted  upon  three  or  more  public  places  in  their  respec- 
tive towns. 

Town  clerk,         SECT.  2.  The  town  clerk  and  selectmen  shall  be  in 
befin  session  to  session  at  some  convenient  place  for  a  reasonable  time, 
examine  quail-  within  four  days  next  preceding  the  meetings  for  the 
fectore— 'nLni  objects  aforesaid,  for  the  purpose  of  receiving  evidence 
ner  of  giving  of  the  qualifications  of  persons  claiming  a  right  to  vote  in 
;ice,  &c.       guc|1  eiectionSj  and  of  correcting  the  list  of  voters  ;  and 
such  session  shall  be  held  for  one  hour  at  least  on  the 
day  of  such  election,  and  before  the  opening  of  the  meet- 
ing at  the  place  where  said  meeting  shall  be  held  ;  and 
notice  of  the  time  and  place  of  holding  the  said  sessions 
shall  be  given  by  the  town  clerk  and  selectmen,  upon  the 
list  posted  up  as  aforesaid.     Provided,  that  whenever 
an  adjourned  meeting  of  the  electors  shall  be  held,  in 
pursuance  of  the  law  for  the  choice  of  one  or  more  rep- 
resentatives of  the  town  in  the  General  Assembly,  that 
on  the  day  of  each  of  such  adjourned  meetings,  there 
shall  be  a  session  of  at  least  one  hour  previous  to  the 
opening  of  the  meeting,  of  the  town  clerk  and  selectmen, 
for  the  purposes  aforesaid  ;  and  such  session  shall  be  at 
the  place  of  holding  said  meeting. 

board  a°fto  un-      SECT.  3-  If  't  shall  appear  to  said  board  that  any  per- 

quaiified  elec-  son  whose  name  is  on  said  list  is  not  a  legally  qualified 

tors,  &c.          elector,  it  shall  be  their  duty  to  erase  the  name  of  such 

person  from  said  list :    and  it  shall  be   the  duty  of  said 

board  to  add  to  said  list  the  name  of  any  person  whom 

they  shall  find  to  be  a  legally  qualified  elector,  which 

shall  have  been  omitted  in  making  out  the  same. 


ELECTIONS.  23 


SECT.  4.  If  any  person  shall  give  a  false  name,  or  any  Forfeiture  for 
false  answer,  to  the  board  of  town  clerk  and  selectmen,  §2oe         ver' 
when  in  session  as  provided  in  this  act,  he  shall  forfeit 
the  sum  of  twenty  dollars,  to  be  paid  into  the   State 
treasury. 

SECT.  5.  The  moderator  of  any  electors'  meeting  Moderators  du- 
shall  receive  the  votes  of  all  persons  whose  names  are  check'  'electors 
on  the  lists  of  voters  as  certified  by  the  town  clerk  and  names-checks 
selectmen,  and  he  shall  not  receive  the  vote  of  any  per-  bookt^b^iod- 
son  whose  name  is  not  on  said  list ;    and  the  name  of  ged  with  town 
each  elector  at  the  time  of  voting,  shall  be  checked  by  c 
the  town  clerk  or  one  of  the  selectmen,  or  by  one  or 
more  persons  appointed   by  them :    and  the  original  list 
of  voters  as  made  out  by  said  board,  and  the  list  or  lists 
used  on  the  day  of  the  election,  with  the  marks  and  checks 
upon  the  same,  shall  be  lodged  with,  and  carefully  pre- 
served by,  the  town  clerks  of  the  several  towns. 

SECT.  6.  Every  legally  qualified  elector  of  any  town 
in  this  State,  having  resided  in  the  State  the  time  re-  XyToTeleS 
quired  by  law,  shall  be  authorized  to  vote  in  any  other  tion— where  & 
town   in  the    State   for  governor,  lieutenant  governor,  cers^cenffi^ 
secretary,  treasurer  and   comptroller ;    and  any   such  cates  where 
elector  shall  be  authorized  to  vote  in  any  town  in  the   °  s 
congressional  district  in  which  he  resides,  at  any  election 
for  a  member  of  congress  in  said  district ;  and  any  such 
elector  shall  be  authorized  to  vote  in  any  town  in  the 
county  in  which  he  resides,  at  any  election  for  sheriff  for 
said  county.     Provided,  if  such  elector  offers  his  vote  in 
any  other  town  than  the   one  in  which  he  may  lawfully 
vote  for  representatives,  he  shall  produce  a  certificate 
from  the  town  clerk  of  the  town  in  which  he  shall  have 
been  admitted  an  elector,  of  such  his  admission.     And 
said  town  clerk  and  selectmen,  in  addition  to  the  sessions 
prescribed  by  this  act,  shall  be  in  session  during  the  time 
of  voting,  for  the   purpose  of  registering  the  names  of 
such   legally  qualified  electors   only,  as  reside  in  other 
towns  than  the  one  in  which  they  offer  to  vote  ;  and  the 
certificates  required  by   law  to  be   produced  by  such 
electors,  shall  be  placed  in  the  possession  of  the  town 
clerk,  who  shall  preserve  the  same. 

SECT.  7.  The  town  clerk  and  selectmen  shall  be  sworn  Town  clerks, 
to  a  faithful  performance  of  the  duties  prescribed  in  this  &CM  to  ^ 

,  -c  -i  II  *V  f    .       i  ,    sworn— penal- 

act,  and  it  the  town  clerk,  or  any  member  of  the  board  ty  for  refusing 

of  selectmen,  shall,  without  iust  or  reasonable  cause,  to  »<£— famd 

c  i  v     i  J  f     ,         ,      .        .          .      punished  by 

refuse  or  neglect  to  discharge  any  or  the  duties  herein  fine  of  $200. 
prescribed,  he  shall,  on  conviction,  be  subject  to  a  fine  of 
fifty  dollars,  payable  to  the  treasury  of  the  county  where 


24 


said  officer  resides,  and  if  either  of  them  shall  be  guilty  of 
fraud  in  performing  said  duties,  he  shall  be  liable  to  a 
fine  of  two  hundred  dollars,  payable  to  the  treasury  of 
the  State: 

SECT.  8.  All  acts  and  parts  of  acts  inconsistent  here- 
with, are  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XX. 

An  Act  in  addition  to  the  Act  entitled   "  an  Act  for  the 
settlement  of  Estates,  testate,  intestate  and  insolvent." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Courts  of  pro-  Representatives    in  General  Assembly  convened,    That 
edloTderThe  wherever  a  pecuniary  legacy  is  given  by  will,   and  the 
sale  of  real  es-  payment  thereof  is  charged  upon  the  real  estate  of  the 
testator  ;    or  wherever  real  estate  is  devised  to  be  sold 
and  the  avails  to  be  paid   over  to  one  or  more  persons, 
and  no  provision  is  made  by  the  will  for  the  sale  of  such 
real  estate,  or  no  person  is  designated  to  sell  the  same 
who  is  alive  and  capable  and  willing  to  act,  the  court  of 
probate  within  whose  district  such  will  shall  have  been 
proved  and  established,  shall  have  power  to  order  the 
sale  of  such  real  estate,  or  so  much  thereof  as  may  be 
necessary  to  effectuate  the  intention  of  the  testator,  to- 
gether with  incidental  charges. 

in  what  ca-  SECT.  2.  When  it  is  necessary  that  any  real  estate  of 
esTatehisr<torbe  a  deceased  person  should  be  sold  for  the  payment  of 
sold  to  pay  debts,  and  said  estate  is  incumbered  by  mortgage,  and  is 
cuSere?  b"y  also  subject  to  the  widow's  dower,  the  court  of  probate 
mortgage,  and  which  has  jurisdiction  over  the  estate,  may  with  the 
^  - 


!  consent  °f  the  widow,  certified  in  writing,  which  certifi 
er,  the  court  of  cate  shall  be  recorded  in  the  records  of  said  court,  order 
orderlh^saie,  the  ?ale  of  th.e  whole  equity  of  redemption,  without  ex- 
and  upon  what  cepting  the  right  of  dower,  and  on  sale  being  made,  and 
3ns>       the  avails  ascertained,  said  court  shall   have  power  to 
order  the  value  of  the  widow's  interest  in  the  equity  of 
redemption  to  be  deducted  from  said  avails  and  paid 
over  to  her  in  gross,  in  lieu  of  dower  therein  ;  the  value 
of  which  interest  shall  be  assessed  by  said  court,  or  by 
one  or  more  indifferent  freeholders,  under  oath,  appoint- 
ed by  said  court  for  that  purpose. 
Approved  June  1st,  1839. 

WILLIAM  W.  ELLSWORTH. 


EAST   WINDSOR.  25 


CHAPTER   XXI. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  prescrib- 
ing the  number  of  Jurymen  for  each  town  in  this  State." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 

„  7j  77  7    mi     .c   ^L      ±  c  East  Lvme  to 

lives  in  General  Assembly  convened,   Inat  the  town   ot  select  six  jurors 

East  Lyme,  in  the  county  of  New  London,  shall  be  and  an,d  Ly™6  to 

.     ,         /        V^-.i    »  .          i      ,      •     •  i  •      select  thirteen. 

is  hereby  entitled  to  select  six  jurymen  and  no  more,  in 
the  manner  and  for  the  i  purposes  prescribed  in  the  act 
regulating  civil  actions ;  and  the  town  of  Lyme  shall 
hereafter  be  entitled  to  thirteen  jurymen  and  no  more. 
Approved  June  3d,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XXII. 

An  Act  declaring  valid  the  doings  of  a  Town  Meeting 
therein  named. 

WHEREAS  the  town  of  East  Windsor,  hath  heretofore 
designated  and  determined  other  places  than  the  sign 
posts  in  said  town,  at  which  notifications  of  town  meet- 
ings in  said  town  should  be  set  up  ;  and  whereas,  there 
have  been  divers  omissions  in  notifications  for  town 
meetings  in  said  town,  to  give  notice  otherwise  than  ac- 
cording to  the  general  provisions  of  the  statute,  by  post- 
ing notices  on  the  sign  post  or  sign  posts  ;  therefore 

BE  it.  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,   That  none  of  the  Confirming  the 
doings  of  the  meetings  of  said  town  of  East  Windsor,  £££*?  1°™° 

\  f*  *I1" 

heretofore  held,  whether  said  doings  relate  to  the  ap-  East  Windsor. 
pointment  of  town  officers,  the  granting  of  taxes,  or  the 
transaction  of  any  other  business  whatever,  shall  be 
deemed  invalid  by  the  omisions  aforesaid,  but  such  meet- 
ings and  all  their  doings,  if  in  other  respects  regular  and 
conformable  to  law,  shall,  and  are  hereby  declared  to  be 
valid. 

Approved  May  20th,  1839. 

WILLIAM  W.  ELLSWORTH. 


26  FIREMEN'S  SOCIETY. 


CHAPTER   XXIII. 

An  Act  to  incorporate  the  Firemen's  Benevolent  Society 
of  the  Cky  of  Hartford. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in   General  Assembly  convened,     That 
Firemen's  be-  William  Hayden,  James  B.  Shultas,  James  B.  Crosby, 
nevoient  socie-  Allen  S.  Stillman,  Randolph  Stockbridge,  Horace  Sex- 
Ha°rtford,cS-    ton,  Daniel  Studley,   Henry  Benton,  2d.f   William  H. 
corporated.       Hoadley,  Walter  Loveland,  Thomas  J.  Scott,  John  D. 
Russ,  George  M.  Bartholomew,  John  Carter,  and  all 
others,  who  are  or  may  be  associated  with  them  hereafter, 
be  and  they  hereby  are,  with  their  successors  and  assigns, 
made  and  established  a  body  politic  and  corporate,  by 
the  name,  style  and  title  of  the  firemen's  benevolent  so- 
ciety of  the  city  of  Hartford,  and  that  they  and  such  oth- 
ers shall  be  and  remain  a  body  politic  and  corporate,  by 
the  same  name,  style  and  title  forever. 

Object  of  said  SECT.  2.  Said  corporation  is  formed  for  the  purpose 
lon'  of  aiding  such  of  its  members  (or  the  widows  and  chil- 
dren of  such  of  its  members,)  as  may  stand  in  need  of  its 
assistance,  and  such  other  objects  connected  therewith, 
as  may  conduce  to  the  comfort,  interest  and  respecta- 
bility of  the  firemen  of  the  city  of  Hartford. 

May    have  a       SECT.  3.  Said  corporation  may  have  a  common  seal, 
howmand^nrl  wnich  they  may  change  and  renew  at  pleasure ;  they 
chase  property  may  also  purchase,  hold,  possess  and  enjoy,  to  them,  their 
f io,daMo8ue  successors and  assigns,  any  goods  and  effects,  lands  and 
and'besued,     tenements,    provided    that  the  same  shall  at  no  time, 
exceed  the  sum  of  ten  thousand  dollars,  and  the  same  to 
sell  and  dispose  of  at  pleasure  ;  also  to  sue  and  be  sued, 
plead  and  be  impleaded,  defend  and  be  defended,  answer 
and  be  answered  unto,  in  any  court  of  record  or  else- 
where. 

Power  to  hold       SECT.  4.  Said  corporation  shall  have  power  to  hold 
JSt'SewSi    meet.ings>  appoint  all  needful  officers,  to  make  bye-laws 
make  bye  laws,  relative  to  the  admission,  expulsion,  and  to  the  taxing  of 
its  members,  relative  to  the  meetings  of  the  society,  the 
duties  of  its  officers,  and  the  management  and  disposition 
of  its  property ;  and  generally  to  make  any  bye-laws  ne- 
cessary to  carry  into  effect  the  objects  of  the  society, 
not  repugnant  to  the  laws  of  this  State,  or  of  the  United 
States. 


FUNDS,    SURPLUS.  "27 


SECT.  5.  This  act  shall  be  subject  to  be  altered,  amend- 
ed or  repealed,  at  the  pleasure  of  the  General  Assembly. 
Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXIV. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  accept- 
ing the  Deposite  of  a  portion  of  the  Surplus  Funds  be- 
longing the  United  States ;"  providing  for  the  safe 
keeping  thereof,  and  appropriating  the  interest  accru- 
ing therefrom  for  the  promotion  of  Education,  and 
other  purposes. 

SECT.  1.     BE  it  enacted  by  tJie  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  in  Providing  for  a 
case  of  the  division  of  any  town  which  has  received,  or  firpius'fundin 
shall  hereafter  receive  or  hold  a  proportion  of  the  money  townsthat  shall 
which  hath  been  or  shall  be  received  from  the  United  hereafter.6 
States,  by  virtue  of  the  act  of  Congress,  entitled  "  an  act 
to  regulate  the  deposites  of  the  public  money,"  and  in 
case  of  the  division  of  said  money  on  the  securities  there- 
for, betwixt  the  towns  so  constituted,  it  shall  be  lawful 
for  the  treasurer  of  this  State,  to  deliver  up  the  receipt  of 
such  town  in  his  hands,  and  in  lieu  thereof,  to  receive 
new  receipts  for  the  same,  of  the  agents  of  such  towns 
respectively.      And  said  towns  on  receiving  the  said 
money  or  securities  therefor,  shall  enjoy  the  same  rights, 
and  be  subject  to  the  same  liabilities  touching  the  same, 
as  other  towns  possess,  and  are  subject  to,  by  virtue  of 
the  act,  to  which  this  is  an  addition. 

SECT.  2.  That  the  several  towns  in  this  State,  and  J™v^™fs  for 
each  of  them,  which  have  not  received  their  proportion  whichhavenot 
of  the  surplus  funds  belonging  to  the  United  States,  de-  received  their 

•A.     i       •  I      i  •     c*  ii  ii  i       •     proportion     of 

posited  with  this  State,  be,  and  they  are  hereby  authori-  the  surplus 
zed  and  entitled  to  receive  the  same,  on  the  terms  speci-  fupd~- to    re' 
fied  in  the  act  to  which  this  is  in  addition  ;  and  whenever  upon  the  same 
any  town  which  has  not  received  its  said  proportion  of  tefms  which 

•  j  c      j        u    11     -       T    +     ^1  r-     i  •      n  •       other  towns 

said  funds,  shall  signify  to  the  treasurer  of  this  State,  its  have  received 
desire  to  receive  the  same,  on  the  terms  specified  in  the  u- 
act  aforesaid,  it  shall  be  the  duty  of  said  treasurer,  within 
a  reasonable  time  thereafter,  to  collect  of  the  person, 
persons  or  corporation,  to  which  it  may  have  been  loan- 
ed, under  the  first  section  of  said  act,  that  proportion  of 
said  fund,  to  which   said  town  may  be  entitled  on  the 


28  GAOLS    AND    GAOLERS. 


terms  and  according  to  the  provisions  and  requirements 
of  said  act. 

Treasurer  au-      SECT.  3.  When  the  money  which  has  been  loaned,  or 
whaMcondi      may  hereafter  be  loaned  by  the  treasurer  of  this  State, 
tions)  to  give  under  the  act  aforesaid,  shall  have  been  received  by  him, 
landlTnrartof  ^e  *s  hereby  authorized  and  empowered  to  execute  re- 
ged  to  this        lease  deeds   of  any  real   estate  which  may  have  been 
State, /fee.       mortgaged  to  this  State,  as  security  for  payment  of  mon- 
ies so  loaned  by  him,  which  release  deeds  shall  discharge 
all  liens  created  on  said  real  estate,  in  favor  of  this  State, 
by  the  mortgage  aforesaid. 

Howtheagents       SECT.  4.  That  the  agent  or  agents,  if  the  town  shall 
deposite  fond'  so  direct,  of  the  town  deposite  fund,  be,  and  they  are 
are  authorized  hereby  authorized  to  loan  the  money  in  their  hands,  be- 
be]<mging°toy'  l°ngmg  to  said  fund,  on  the  security  of  the  certificates  of 
•aid  fund.        debt  legally  authorized  of  any  town  or  city  of  this  State, 
any  law  to  the  contrary  notwithstanding. 
Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXV. 

An  Act  in  addition  to  "  an  Act  in  addition  to  and  altera- 
tion of  an  Act,  entitled  an  Act  concerning  Gaols  and 
Gaolers."  Passed  in  1837. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  when  the  coun- 
con-  tv  court  in  any  county  has  determined  and  required,  or 
viction,  be  set  shall  hereafter  determine  and  require  that  all  prisoners, 
fng  destitute  of  a^ter  tr^a^  an^  conviction,  shall  be  set  at  work,  according 
property,  &c.~  to  their  strength  and  ability ;  every  prisoner  so  held  for 
^^,  ^j1      fine  and  costs,  or  either  of  them  only,  having  neither  prop- 
State  attorney  erty  or  means  of  satisfying  the  same,  or  ability  to  secure 
such  prisoner  tne  payment  thereof,  the  State  attorney  for  the  county 
or  prisoners,     shall  discharge  such  prisoner  from  said  imprisonment, 
whenever,  by  computing  said  labor  at  the  rate  of  two 
dollars  a  week,  the  same  shall  amount  to  said  fine  and 
costs.     Provided,  no  such  prisoner  shall  be  held  in  gaol, 
for  the  costs  on  any  one  conviction,  for  a  longer  period 
than  four  months. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


HARWINTON.  29 


CHAPTER    XXVI. 

An  Act  in  alteration  of  an  Act  entitled  "  an  Act  for  the 
fulfilment  of  the  obligations  of  this  State,  imposed  by 
the  Constitution  of  the  United  States,  in  regard  to 
persons  held  to  service  or  labor  in  one  State  escaping 
into  another,  and  to  secure  the  right  of  Trial  by  Jury, 
in  the  cases  herein  mentioned."  (Enacted  in  1838.) 

SECT,  1 .  BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  \vhenev-  Any  person  ar- 
er  any  person  shall  have  been  arrested  in  any  county  in  oF'habeas  cor! 
this  State,  on  a  writ  of  habeas  corpus,  agreeable  to  the  pus  in  this  state 
first  section  of  the  act  of  which  this  is  an  alteration  ;  on  ffterproofaiay 
return  of  the  writ  with  the  body  of  the  person  so  arrested,  commit  theper- 
it  shall  be  the  duty  of  the  court  or  judge,  before  whom  the  Tfugki'J?  £ 
same  is  returnable,  to  hear  the  allegations  and  proofs  of  the  the  custody  of 
parties,  or  if  required,  to  allow  reasonable  time  to  produce 
further  necessary  proof,  and  in  such  case,  to  commit  the 
person  so  claimed  and  arrested  as  a  fugitive,  to  the  cus- 
tody of  the  sheriff  of  said  county  for  safe  keeping ;  or  to 
take  a  bond  with  sufficient  sureties,  in  such  penalty  as 
the  judge  or  court  shall  deem  sufficient,  conditioned  that 
he  shall  appear  before  such  judge  or  court,  at  the  time 
and  place  therein  specified,  to  abide  the  order  and  deci- 
sion of  the  court  or  judge  having  cognizance  thereof,  in 
relation  to  such  claim. 

SECT.  2.  Be  it  further  enacted,  That  the  third  section  j,      , 
of  the  act  of  which  this  is  an  alteration,  be,  and  the  same 
is  hereby  repealed. 

Approved  May  20th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER  XXVII. 

An  Act  declaring  valid  the  doings  of  a  Town  Meeting 
therein  named. 

WHEREAS,  the  town  of  Harwinton,  hath  heretofore  de- 
signated and  determined  other  places  than  the  sign-posts, 
at  which  notifications  of  town  meetings  in  said  town, 
shall  be  set  up ;  and  whereas,  there  was  an  omission  to 
set  up  notices  of  the  annual  town  meetings  in  the  falls  of 


30  LANDS. 

1835,  1836,  1837,  and  of  1838,  upon  the  several  school 
houses  in  the  said  town,  and  also  upon  one  of  the  sign- 
posts in  said  town,  but  notification  was,  in  all  other  re- 
spects, given  according  to  law ;  therefore 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
Sfi™intown  tives  in  General  Assembly  convened,  That  none  of  the 
meetings  in      doings  of  the  said  town  meetings,  in  either  of  said  years, 
winTon°f  Har  either  in  the  appointment  of  town  officers,  the  granting 
of  taxes,  or  the  transaction  of  any  other  business,  shall 
be  deemed  invalid  by  reason  of  the  omission  aforesaid ; 
but  such  doings,  if  in  other  respects  conformable  to  law, 
are  hereby  declared  to  be  valid. 
Approved  June  1st,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XXVIII. 

An  Act  in  relation  to  the  Partition  of  Lands. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 

Representatives  in  General  Assembly  convened,  Whenever 

Partition  of      the  same  persons,  either  as  joint  tenants,  tenants  in  com- 

I*»d!:?iLdl^  mon  or  coparceners,  shall   be  the  owners  of  different 

eni   lines  may  i         /•  i  1111  i          t'/v 

be  affected  by  parcels  ot  real  estate,  held  by  them,  under  different  ti- 

tion'  °f  partl"  l'es'  partition  of  such  real  estate  may  be  made  between 

such  joint  owners,  by  writ  of  partition  or  otherwise,  in 

the  same  manner  as  though  the  whole  of  said  real  estate 

were  held  by  them  under  one  and  the  same  title. 

SECT.  2.  Whenever  different  parcels  of  real  estate 

batTraurtfto  shall  have  descended  to  the  same  persons,  as  the  heirs  at 

appoint  distrib-  law  of  different  intestates,  or  shall  have  been  devised  to 

erty  held  bPydif-  the  same  devisees,  by  different  testators,  the  court  of 

f"ent titles,  as  probate  to  which  the  settlement  of  all  the  several  estates 

held8  by  ™he  of  such   deceased  persons  shall  appertain  and   belong, 

same  title.        mav  cause   such  real  estate  to  be  distributed   to  and 

among  such  joint  owners,  by  distributors  for  that  purpose 

appointed,  in  the  same  manner  as  though  the  whole  of 

such  real  estate  were  held  under  one  and  the  same  title  ; 

and  such  distribution  so  made  and  accepted  by  said  court 

of  probate,  shall  be  good  and  effectual  in  the  law,  as  if 

the  said   parcels   of  real   estate   had   been   separately 

aparted. 

fu^torto'urt       S.ECT<  3>  The  suPerior  court  may  and  shall  have  au- 

iu  a  court  of  thority  as  a  court  of  equity,  to  cause  partition  to  be  made 

equity.  of  any  real  estate  held  by  any  persons  as  joint  tenants, 

tenants   in  common  or  coparceners;    which  partition 


LIENS.  31 

shall  be  recorded  in  the  records  of  the  town  or  towns  in 
which  said  lands  may  be  situated. 
Approved  May  29th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXIX. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  securing 
to  Mechanics  a  Lien  on  Land  and  Buildings,"  and  the 
Act  in  addition  thereto. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the  Liens  on  build- 
lien  upon  land  and  buildings,  created  by  the  acts  to  inss.  l°  whom 
which  this  is  in  addition,  be  and  the  same  hereby  is  ex-  whl"  manner!" 
tended  to  the  claims  of  sub-contractors  for  the  perform- 
ance of  labor  alone,  or  for  such  labor,  together  with  the 
furnishing  of  materials,  upon  any  dwelling  house,  or  other 
building  or  edifice,  hereafter  erected  or  repaired,  when- 
ever the  amount  of  such  claim,  or  claims  due  any  one 
person  or  firm,  shall  equal  the  sum  of  fifty  dollars,  which 
said  lien  shall  remain  and  be  proceeded  with  in  the  man- 
ner provided  in  said  acts.  Provided,  that  no  such  claim 
shall  be  a  lien  on  such  building,  except  as  hereafter 
provided,  unless  the  agreement  made  by  the  sub-con- 
tractors with  the  original  contractors,  shall  be  in  writing, 
nor  unless  the  proprietor,  or  the  person  originally  con- 
tracting for  the  erection  or  repairing  of  any  such  building 
or  edifice,  shall  assent  in  writing  to  said  agreement. 

SECT.  2.  The  lien  created  by  this  act  shall  not  remain  HOW  long  said 
on  the  land  and  building  to  which  the  same  shall  attach,  lie"  sh*n  ^ 
for  a  longer  period  than  sixty  days  after  such  building  is  whattermsand 
finished  or  such  contract  terminated,  unless  the  person  requisites, 
claiming  the  same,  shall  lodge  with  the  town  clerk  of  the 
town  in  which  said  building  is  situated,  a  notice  or  cer- 
tificate in  writing,  describing  the  premises  and  the  amount 
claimed  as  a  lien  on  the  same,  which  notice  when  left, 
shall  be  recorded  by  the  town  clerk  with  deeds  of  land. 

SECT.  3.  No  lien  shall  attach  to  any  land  and  build-  Amount  of  lien 
ings  in  favor  of  any  sub-contractor,  or  sub-contractors,  in  favor  of  Sll£. 

c  -j    .  •    '  i  ,     i  '  contractors.   If 

as  aforesaid,  to  a  greater  amount  in  the  whole,  than  the  more  than  one 
amount  due  to  the  original  contractor.  And  when  there  sub-contractor, 
are  several  sub-contractors  and  the  amount  due  to  them  tionedPr°i?°rthe 
from  the  original  contractor  or  contractors,  exceeds  the  ^fbte  fxce1.d, 

i  •  j         •    •      i  11-  f        •  i   the  value  of  the 

amount  due  to  said  original  contractor,  the  lien  or  said  property  piedg- 
sub-contractors  who  shall  have  complied  with  the  pro-  **• 


32  MILITARY. 


visions  of  this  act,  shall  be  in  proportion  to  the  amount 
of  the  debts  respectively  due  to  them  by  the  original 
contractor. 

SECT.  4.  Whenever  any  contractors  for  the  erection 

1 1  u  w    10     pro-  •  i     •  tut  "i  i 

ceed  when  con-  of  any  building  shall  become  insolvent,  the  amount  due 
to  sucn  contractor  for  the  same,  after  notice  in  writing 
to  the  person  or  persons  from  whom  said  amount  is  due, 
of  the  insolvency  of  said  contractors,  shall  be  retained  as 
a  fund  in  the  hands  of  such  person  or  persons,  subject  to 
the  payment  of  the  claims  of  all  persons,  entitled  to  a 
lien  by  the  provisions  of  this  act,  and  the  superior  or 
county  courts  in  the  county  in  which  such  building  shall 
be  erected  or  repaired,  shall  have  power,  on  application 
of  any  person  interested,  to  direct  the  manner  in  which 
said  claim  shall  be  paid. 

SECT.  5.  The  superior  and  county  courts  shall  have 
full  powers  as  courts  of  chancery,  to  determine  all  ques- 
tions arising  under  this  act,  and  the  acts  to  which  this  is 
an  addition. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXX. 

An  Act  to  repeal  certain  Acts  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the  act  enti- 
tled "  an  act  to  authorize  the  distribution  of  the  arms 
belonging  to  the  State  of  Connecticut ;"  and  the  "  act 
in  addition  to  and  in  alteration  of  an  act  entitled  "  an 
act  to  authorize  the  distribution  of  the  arms  belonging  to 
the  State  of  Connecticut,"  except  the  fourth  section  of 
the  last  mentioned  act,  be,  and  the  same  are  hereby  re- 
pealed. 

CHAPTER    XXXI. 

An  Act  in  addition  to  and  in  alteration  of  an  Act  entitled 
"  an  Act  for  forming  and  conducting  the  Military  force." 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  on 
days  of  regimental  or  battalion  inspection  or  review,  the 
companies  shall  take  rank,  and  be  drawn  up,  in  accord- 


MILITARY.  33 


ance  with  the  system  of  tactics,  published  by  the  depart- 
ment of  war,  under  the  authority  of  an  act  of  Congress, 
of  the  second  of  March  1829,  and  established  bylaw  as 
the  system  of  discipline  and  field  exercise  for  the  militia 
of  this  State. 

SECT.  2.  That  all  acts  which  are  inconsistent  with  this 
act,  be,  and  the  same  are  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  form- 
ing  and  conducting  the  Military  Force." 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  every 
free,  able-bodied  white  male  citizen  of  this  State,  or  res-  militia, 
ident  therein,  who  shall  be  of  the  age  of  eighteen  and 
under  the  age  of  forty-five  years,  shall  be  enrolled  in 
the  militia,  and  every  such  citizen,  although  exempt 
by  law  from  the  performance  of  military  duty,  shall  be 
enrolled  in  the  standing  company  of  infantry,  within 
whose  bounds  he  may  reside,  by  the  commanding  officer 
thereof,  and  shall  be  included  in  the  military  returns, 
provided,  that  nothing  herein  contained,  shall  be  so  con- 
strued as  to  render  any  person  subject  to  military  duty, 
now  exempt  therefrom  by  law. 

SECT.  2.  That  each  captain  or  commanding  officer  of  Du*y  of  °«P- 

i_    n         i  r.  ,,  £•  \_-  taina  to  make 

a  company  shall  make  a  return  of  the  state  of  his  com-  returns  to  the 
pany,  comprehending  all  the  men  belonging  thereto,  or  commanding 

•      j  *     u  11     i  xi         •  j    11  *t  •        officer   of  the 

required  to  be  enrolled  therein,  and  all  their  arms,  equip-  regiment,  &c. 
ments,  and  ammunition,  to  the  commanding  officer  of  the  onorbeforethe 
regiment  or  battalion,  on  or  before  the  first  day  of  June,  nuaiiy.  W 
annually. 

SECT.  3.  That  each  commanding  officer  of  a  regiment  Duty  of  com- 
or  battalion,  shall  make  a  return  of  the  state  of  his  regi-  Srs  'of  regil 
ment  or  battalion,  to  the  commanding  officer  of  the  brig-  m?.nts  and  bat- 

j  i     f          ^i        f          j  r   T   i  11  •  i    tahons  to  make 

ade,  on  or  before  the  first  day  of  July,  annually,  and  returns  to  bri- 
every  commanding  officer  of  a  brigade  shall  make  out  §adie1r  general 

j       r  r     i_  c    L  •       i     •        i  -  bv  the  first  of 

duplicate  returns  of  the  state  of  his   brigade,  one  of  July,  &c. 
which  he  shall  transmit  to  the  commanding  officer  of  the  Duty  of  brip- 
division  to  which  he  belongs,  and  the  other  to  the  adju-  makegreturas!° 
tant  general,  in  the  month  of  July,  annually. 
5 


34  MILITABY. 

If  a  company      SECT  4.  When  it  shall  appear  to  the  commanding  of- 

js  without  com-  f.  r  •  u    ,i    r         xu    .  •  i  • 

missioned  offi-  ficer  of  a  regiment  or  battalion,  that  any  company  within 
°^r'  eld™  l°  ki§  command  ig  without  a  commissioned  officer,  he  shall, 
for  the  purpose  of  obtaining  the  return  of  such  compa- 
ny, require  in  writing,  the  selectmen  of  the  town  or 
towns  in  which  said  company  is  situated,  to  make  out 
and  return  to  him,  within  ten  days,  a  list  of  the  names  of 
all  the  persons  liable  by  law,  to  duty  or  to  be  enrolled 
therein. 

Fines  incurred       SECT.  5.  That  the  fines  and  penalties  incurred,  for 
for  neglecting  neglecting  to  make  returns  in  the  manner,  and  within 

to   make   re-      ,  °     .        °  ..      ,    ,          ,  .  ,     ,,    .    '          ,,  ,. 

turns.  the  time  prescribed  by  this  act,  shall  be  as  follows : 

each  captain  or  commanding  officer  of  a  company,  who 
shall  neglect  to  make  returns,  for  each  instance  of  such 
neglect,  ten  dollars  ;  each  commanding  officer  of  a  regi- 
ment or  battalion,  who  shall  neglect  to  make  returns,  for 
each  instance  of  such  neglect,  twenty-five  dollars  ;  each 
commanding  officer  of  a  brigade,  who  shall  neglect  to 
make  returns,  for  each  instance  of  such  neglect,  fifty  dol- 
lars ;  every  brigade  major  and  inspector,  who  shall  neg- 
lect to  make  the  returns  required  of  him  by  law,  for  each 
Penalty  on  se-  instance  of  such  neglect,  fifty  dollars  ;  the  selectmen  of 
iertingn'tonre-  any  town  neglecting  to  return  a  list  of  the  men  in  any 
turn  a  list  of  company  without  officers,  shall,  for  each  instance  of  such 
company  w?th*  neglect,  forfeit  and  pay,  a  fine  of  not  more  than  fifty  or 
out  officers.      \ess  than  ten  dollars  ;  and  the  burden  of  proof,  shall,  in 
all  cases,  be  on  the  defendant,  which  fines  and  forfeitures 
are  to  be  prosecuted  for  by  the  officer  to  whom  the  re- 
spective returns  should  be  made,  in  any  court  of  compe- 
tent jurisdiction,  and  paid  into  the  treasury  of  the  State. 
Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXIII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  form- 
ing and  conducting  the  Military  Force." 

Quarter  mag-  SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
returanthreadi8-  Representatives  in  General  Assembly  convened,  That  the 
tributed  arms  quarter  master  general  cause  to  be  returned  to  the  arse- 
rader  2*5*  n3L^  ^  a*ms  distributed  under  the  distribution  act  of 
1837— not  ac-  1837,  which  have  not  been  accepted  by  any  company  or 
£p™  t^JS  companies  entitled  to  the  same,  or  which  are  not  in  use 

in   use    o  y  ocUQ    i  •   i 

company.        by  said  company  or  companies. 


MILITARY.  35 


SECT.  2.  It  shall  be  the  duty  of  any  and  all  persons,  Arms  loaned  to 

,        ,  .         .    ,     .  c  ,          %  ,  J  ..  f  .,       be  returned  on 

who  have  in  violation  or  law,  loaned  any  portion  ot  the  Or  before  the 
public  arms,  to  return  the  same  to  the  arsenal,  on  or  be-  wth July  1839, 
fore  the  20th  of  July  1839,  in  as  good  condition  as  when 
taken  therefrom,  ordinary  wear  only  excepted. 

SECT.  3.   The  quarter  master  general  is  hereby  author-  Quartermaster 
ized  to  furnish  arms  to  such  light  infantry  and  rifle  com-  general  to  fur- 

,  -II  i        msh    arms    to 

pany  or  companies,  as  have  not  received  the  same  under  certain  compa- 
said  distribution  act,  in  such  proportion  to  each  company,  nies,&c. 
as  he  may  deem  just  and  proper ;  provided  the  same  are 
furnished  from  such  arms  as  may  hereafter  be  returned 
to  the  arsenal,  if  a  sufficient  number  should  be  returned ; 
and  provided  bonds,  such  as  he  shall  approve,  are  given, 
for  the  safe  keeping  and  return  of  said  arms,  when  re- 
quired, and  in  as  good  condition  as  when  taken,  ordinary 
wear  only  excepted. 

SECT.  4.  The  comptroller  of  the  State  is  hereby  au-  n^^jjjj^ 
thorized  and  empowered,  to  draw  an  order  on  the  trea-  anorderonthe 
surer  annually,  for  the  sum  of  three  dollars,  for  the  stor-  g^^o/field 
age  of  any  field  piece,  in  the  hands  of  any  artillery  com-  pieces?  &c.°C 
pany,  on  a  certificate  of  a  majority  of  the  selectmen  of 
the  town,  where  such  piece  is  located,  that  the  same  has 
been  kept  for  the  year  preceding,  in  a  building  or  enclo- 
sure devoted  exclusively  to  that  purpose,  and  that  no 
injury  has  arisen  to  such  field  piece,  by  reason  of  the 
improper  storage  of  the  same. 

SECT.  5.  That  the  furnishing  of  harnesses  for  artillery  Whotofumish 
companies,  be  hereafter  dispensed  with,  and  the  com-  artmCTy^eom- 
manding  officers  of  said  companies  be  authorized  and  panics,  and  in 
empowered  to  hire  harnesses  for  the  use  of  said  compa-  v 
nies,  on  days  of  exercise  and  review,  the  expense  of 
which  shall  be  paid  by  an  order  on  the  treasurer  ;  pro- 
vided in  each  case,  an  account  of  such  expense  be  ap- 
proved by  a  majority  of  the  selectmen  as  aforesaid,  and 
be  presented  at  the  time  of  presenting  said  storage  ac- 
count. 

SECT.  6.  It  shall  be  the  duty  of  the  commanding  offi-  Duty  of  com- 

c       ^.,,  .  J     ,  ,.  .        °  manding    offi- 

cers or  artillery  companies,  on  days  or  exercise  or  re-  cers  to  return 

view,  to  cause  their  pieces  to  be  returned  to  their  re-  theif  field,Pie- 

*.  ,  -         ces  to  gun  hou- 

spective  gun  houses  with  all  convenient  dispatch,  after  ses,  and  clean- 
said  companies  shall  have  been  dismissed  ;  and  immedi-  "*'  &c* 
ately  thereupon,  to  cause  the  same  to  be  thoroughly 
cleaned  ;    and  it  shall  be  the  duty  of  any  justice  of  the 
peace  or  grand  juror,   to  report  to  the  quarter  master 
general,  all  violations  of  this  act. 

SECT.  7.  No  field  piece  in  the  hands  of  any  artillery  %!£££ 
company,  shall  be  used,  except  for  company  exercise  or  company 


36  MILITARY. 

dae  and  review  review,  unless  by  written  permission  of  some  general  or 
for'damage1,  *  field  officer,  living  in  the  county  in  which  said  field  piece 
**•  is  located,  or  by  written  permission  of  the  majority  of 

the  selectmen  of  the  town  in  which  the  same  is  kept ; 
provided,  that  when  such  permission  is  given  by  said 
selectmen,  the  town  in  which  they  reside,  shall  be  liable 
for  the  return  of  the  same,  in  as  good  condition  as  when 
taken,  and  when  such  permission  is  given  by  a  general 
or  field  officer,  such  officer  shall  incur  the  same  liability. 
Said  field  pieces  shall  remain  in  the  respective  towns  in 
which  they  are  now  located. 

hasatw>mpfieid  SECT.  8.  In  all  cases  where  an  artillery  company  is 
pieces  the  furnished  with  two  field  pieces,  and  but  one  is  used,  either 
quarter  paster  fQT  companv  exercise  orreview,or  when  but  one  is  need- 

general  18    CHI"          i        i  i  •  1*11 

powered  to      ed,  the  quarter  master  general  is  authorized  and  empow- 

returaeTto*the  ere(^  to  cause  one  °f  sa>d  pieces  to  be  returned  to  the 
arsenal.  arsenal. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXIV. 

An  Act  in  addition  and  alteration  of  "  an  Act  for  form- 
ing and  conducting  the  Military  Force  of  this  State." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
„  Representatives    in  General  Assembly  convened,    That 

warrants  tocol-  a^  warrants  granted  for  the  collection  of  military  fines, 
feet  military     imposed  by  virtue  of  the  act  to  which  this  is  an  addition, 
shall  be  directed  to  the  sheriff  of  the  county,  his  deputy, 
or  to  either  of  the  constables  of  the  town  where  the  de- 
linquent dwells. 

SECT-  2-  M  fines  levied  b7  a  military  officer,  by  vir- 
of  military       tue  of  the  eighth  section  of  "  an  act  relating  to  the  mili- 
tia," enacted  1835,  shall  be  collected  and  appropriated 
in  the  same  manner  as  is  provided  by  the  twenty-seventh 
section  of  the  act,  to  which  this  is  an  addition. 
Repeal  SECT.  3.  All  laws  and  acts  of  this  State,  inconsistent 

with  this  act,  be,  and  the  same  are  hereby  repealed. 
Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


PROBATES.  37 


CHAPTER    XXXV. 

An  Act  in  addition  to  an  Act  entitled  "an  Act  providing 
for  the  support  of  State  Paupers,"  and  to  repeal  an  Act 
therein  mentioned. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives    in    General   Assembly  convened,    That  The  geiectmen 
whenever  the  selectmen  in  any  town  in  this  State,  shall  of  any  town, 
receive  notice  that  any  person  who  is  a  State  pauper,  f^61  notlce  of 

.     .       t        i  /•     i        «  the  sickness 

and  whom  it  is  the  duty  of  the  State  by  law  to  support,  &c.  of  a  pau- 
is  reduced  by  sickness,  or  other  cause  to  necessitous  cir-  P61"  in.  necessl- 

*  .         in!  i  c  tons  circum- 

cumstances,  it   shall  be  the  duty  of  such  selectmen  to  stances,    shall 


furnish  such  pauper  with  the  necessary  support   after  frrnish  support 
such  notice,  and  such  town  shall  not  be  liable  for  the 
previous  support  of  such  pauper  ;  and  if  such  selectmen 
shall  immediately  after  such  notice  shall  have  come  to 
their  actual  knowledge,  give  notice  by  mail,   or  other- 
wise, to  the  comptroller  of  public  accounts,  such  town  Iv^notice^to 
shall  be  entitled  to  reimbursement  from  the  State,  in  the  the  comptrol- 
manner,  and  to  the  extent  provided  in  the  act  to  which  ler'  &c> 
this  is  in  addition,  for  the  expense  which  they  shall  have 
incurred,  after  notice  to  said  selectmen  as  aforesaid. 

SECT.  2.  That  all  parts  of  the  act  to  which  this  is  in 
addition,  and  all  other  acts  inconsistent  herewith,  be,  and 
the  same  are  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIA!M  w.  ELLSWORTH. 


CHAPTER    XXXVI. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  the 
regulation  of  Civil  Actions." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  whenever  ei-  if  the  judge  of 
ther  of  the  obligors,  or  the  surviving  obligor  in  an  admin-  P[°bate  !s  "" 

•   ,      ,•        i         j      i     II  t      .i        •     i          >          V  •  i  f       obligor    in  an 

istration  bond,  shall  be  the  judge  of  probate,  m  and  for  administration 
the  district  where  said  bond  was  given,  and  be  the  sue-  bond— how  to 
cessor  of  the  judge  to  whom  said  bond  was  given,  it  shall 
be   lawful  for  any  person  or  persons  interested  in  said 
bond,  and  who  have  a  right  of  action  thereon,  to  bring 
their  said  action  in  the  name  of  the  judge  of  an  adjoin- 


38  PROBATES. 


ing  probate  district,  and  said  judge  of  said  adjoining  dis- 
trict, shall  have  the  same  powers  and  perform  the  same 
duties  in  the  premises,  and  the  parties  in  interest  shall 
have  the  same  rights  under  him,  as  he  or  they  would 
have,  if  said  judge  of  said  adjoining  district  was  the  suc- 
cessor of  the  judge  to  whom  the  said  bond  was  given. 
Approved  May  29th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXVII. 

An  Act  to  constitute  the  -town  of  Redding  a  Probate 
District. 

Probate  district      BE  it  enacted  by  the  Senate  and  House  of  Representa- 
of  Redding,      tives  in  General  Assembly  convened,  That  the  town  of 
Redding  be,  and  the  same  is  hereby  constituted  a  pro- 
bate district,  by  the  name  of  the  district  of  Redding. 
Provided  however,  that  all  matters  and  business,  begun  or 
entered  in  the  court  of  probate  for  the  district  of  Dan- 
bury,  shall  be  completed  therein,  in  the  same  manner  as 
though  this  act  had  not  been  passed. 
Approved  May  24th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXVin. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  con- 
stituting and  regulating  Courts,  and  for  appointing  the 
times  and  places  for  holding  the  same." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
East  Lyme  to  tives  in  General  Assembly  convened,  That  the  town  of 
constitute  a  East  Lyme,  in  the  county  of  New  London,  shall  belong 

part  of  the  pro-   .  i  •  J*    ,  •••          r  TVT 

bate  district  of  to,  and  constitute  a  part  of  the  probate  district  of  New 
New  London.    London ;  Provided,  that  all  matters  and  business  begun 
or  entered  in  the  court  of  probate  for  the  district   of 
Lyme,  shall  be  completed  therein,  in  the  same  manner 
as  if  this  act  had  not  been  passed. 
Approved  June  3d,  1839. 

WILLIAM  W.  ELLSWORTH. 


PROBATES.  39 


CHAPTER  XXXIX. 

An  Act  to  constitute  the  town  of  Gfoton  a  Probate 
District. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That   the  town  of  probatedistrict 
Groton  be,  and  is  hereby  constituted  a  probate  district,  of  Groton. 
by  the  name  of  the  district  of  Groton.  Provided  however, 
that  all  matters  and  business,   begun  or  entered  in  the 
court  of  probate  for  the  district  of  Stonington,  shall  be 
completed  therein,  in  the  same  manner  as  if  this  act  had 
not  been  passed. 

Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XL. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  con- 
stituting and  regulating  Courts,  and  for  appointing  the 
times  and  places  of  holding  the  same." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in   General  Assembly  convened,    That   where  any  Ajudgeofpro- 

i  c. J  ,.  .     ,  f        *    bate  named  as 

person  who  is,  or  may  afterwards  become  judge  of  pro-  executor  in  a 
bate,  is  named  as  executor  in  any  last  will  and  testament,  wil1.  m?y  e*?~ 
the  cognizance  of  which  belongs  to  such  judge  of  pro-  amfhow.  Wl  ' 
bate,   he  may   notwithstanding,  execute    such  will ;  in 
which  case,  the  cognizance  thereof  shall  appertain  to  the 
judge  of  probate  of  an  adjoining  district,  who  may  by 
Jaw  act,  and  shall  be  proceeded  with,  as  in  cases  where 
a  judge  of  probate  is  disqualified  to  act  by  reason  of  in- 
terest in  a  deceased  person's  estate. 
Approved  May  20th,  1839. 

WILLIAM  W.  ELLSWORTH. 


40  PROVISIONS. 


CHAPTER    XLI. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  regu- 
lating Salaries  and  Fees." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
v  .„  tives  in  General  Assembly  convened.  That  the  salaries  and 

I  Of S  111  prOniiii'  p  •'.  ,  i    •       c*  1111  e* 

courts.  fees  of  the  courts  of  probate   in  this  State,  shall  be  fur- 

ther established  as  follows,  viz  : 

For  each  order  of  notice  to  settle  administration  ac- 
count— fifty  cents. 

For  each  order  of  notice  to  a  guardian  to  settle  his 
account — fifty  cents. 

For  each  order  to  sell  land,  by  authority  of  the  Gene- 
ral Assembly — fifty  cents. 

For  an  order  of  notice  or  decree,  removing  or  appoint- 
ing a  trustee — each  fifty  cents. 

For  taking  bond  of  trustee — twenty-five  cents. 

For  taking  all  other  bonds  whenever  necessary — each 
twenty-five  cents. 

For  each  order  of  notice  to  a  trustee  to  settle  his  ac- 
count— fifty  cents. 

For  hearing  and  adjusting  the  accounts  of  a  trustee — 
seventy-five  cents. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XLII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  to  regu- 
late the  inspection  of  Provisions  and  other  articles  of 
Commerce." 

SECT.  1.  BE  it  enacted  by  Hie  Senate  and  House  of 
All  owners  mil-  ^€Presenta^ves  in  General  Assembly  convened,  That 
lew,  or  m'anu-  every  owner,  miller  or  manufacturer  of  flour,  which  is 

flo'STthis  put  Up  for  -sale'  ?ritnin  tnis  State»  shall  cause  the  initial 
state.putupfor  letters  of  his  Christian  name  and  his  surname,  at  length, 
mSkbar'rdso?  tO  be  branded  °.r  marked  on  one  head  of  every  barrel 
half  barrels*  so  and  half  barrel,  in  which  such  flour  is  put  up,  in  perma- 
put  up.  nent  and  legible  characters,  and  the  quantities  marked  in 

figures. 


RAIL    KOADS.  41 


SECT.  2.  That  no  owner,  miller,  or  manufacturer  of 
flour,  shall  put  up  such  flour,  or  cause  the  same  to  be  put  barrel, &c. with 
up  for  sale,  in  any  barrel  or  half  barrel,  either  head  of  Jk^SLuSd 
which  has  been  previously  branded  or  marked,  and  used  branded,  &c. 
as  the  head  of  a  barrel  or  half  barrel  of  flour  destined 
to  market,  unless  such  brands  or  marks  shall  have  been 
first  erased  from  such  head. 

SECT.  3.  Every  person  who  shall  violate  the  provisions  Forfeiture  of 
of  either  the  foregoing  sections  of  this  act,  shall  forfeit         f° 
and  pay  the  sum  of  twenty-five  dollars,  one  half  to  any 
person  who  shall  prosecute  the  same  to  effect,  and  the 
other  half  to  the  treasurer  of  the  town,  in  which  such 
offence  is  committed. 

Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER  XLIH. 

An  Act  to  aid   in  the  construction  of  the  Housatonic 
Rail  Road. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,     There  TWO  commis- 
shall  be  annually  appointed  by  the    General  Assembly,  sionere  on  the 

.     .      J  Ai       TT  •          -i  11  Housatomc  rail 

two  commissioners  on  the  Housatonic  rail  road,  whose  road  to  be  an- 
duty  it  shall  be,  at  least  once  in  each  year,  and  oftener  if  nuaiiy  appoin- 

.,•',,,,  •    J    i  •  i  ,          ,   ted — their  duty 

they  shall  deem  necessary,  to  examine  the  said  road,  and  -their  compen- 
all  the  books  and  accounts  of  said  company,  and  report  to  sati°n~J,?c?n' 

.,       n  ,    »  „        ,       r      •"  1-11          cy how  filled. 

the  General  Assembly  annually,  the  amount  which  they 
shall  ascertain  to  have  been  actually  expended  by  said 
company  in  the  construction  of  said  road  ;  and  said  com- 
pany shall  pay  said  commissioners  a  reasonable  compen- 
sation for  their  services  ;  and  if  either  of  said  commis- 
sioners shall  die  or  resign,  or  refuse  to  accept  the  said  ap- 
pointment, the  vacancy  so  occasioned,  shall  be  filled  by 
the  appointment,  by  the  person  administering  the  office 
of  governor,  of  some  person  to  hold  said  office  of  com- 
missioner, till  the  rising  of  the  next  General  Assembly. 

SECT.  2.  Said   company  are  hereby  authorized  and  Empowered  to 
empowered  to  issue  bills  or   notes  of  the  corporation,  j?sue  notes.°f 

.    r    i    i         ,  -i  ,  '   the  corporation 

signed  by  the  president,  and  countersigned  by  the  trea-  to  be  obligatory 
surer  thereof,  promising  the  payment  of  money  to  any  °.n  the  corP°ra- 

i  L  i  •   i    i  -11  J     i     ii  i       tlon»     assigna- 

person  or  order,  or  bearer,  which  bills  or  notes  shall  be  ble,  &c. 
obligatory  on  the  corporation,  according  to  the   tenor 
thereof,  and  shall  be  assignable  according  to  the  custom 
of  merchants,  and  the  laws  relating  to  inland  bills  of  ex- 
6 


42  RAIL    ROADS. 


change,  Provided  however,  that  all  bills  or  notes  issued  as 
aforesaid,  shall  be  approved  by  said  commissioners,  which 
approval  shall  appear  on  said  bills ;  and  that  the  whole 
amount  of  such  bills  at  any  time  outstanding  against  the 
company,  shall  never  exceed  one  fourth  of  the  amount 
which  shall  at  that  time  have  been  actually  expended  by 
said  company  in  the  construction  of  said  rail  road. 
Security  to  note  SECT.  3.  The  whole  stock,  franchise,  and  income  of 
— inca^'of  re!  sa'^  company,  and  all  real  estate  which  now  is,  or  here- 
fusal  or  failure  after  may  be  owned  by  said  company,  and  all  personal 
S^^vTto  estate»  which  may  be  owned  by  said  company,  at  the 
proceed.  time  of  any  failure  to  pay  any  such  note,  shall  be,  and  is 
hereby  declared  to  be  pledged  and  mortgaged  to  the 
commissioners  to  be  appointed  by  virtue  of  this  act,  and 
to  their  successors  in  the  said  office,  as  security  for  the 
redemption  and  payment  of  all  notes  which  shall  be  is- 
sued by  said  company,  by  virtue  of  this  act ;  and  in  case 
said  company  shall,  at  any  time  hereafter,  on  lawful  de- 
mand, during  the  hours  of  business,  at  a  place  of  busi- 
ness of  said  company,  to  be  always  kept  open  for  that 
purpose,  in  the  city  of  Bridgeport,  fail  to  redeem  in  the 
lawful  money  of  the  United  States,  any  note  issued  by 
said  company,  by  virtue  of  the  provisions  of  this  act,  ac- 
cording to  the  tenor  thereof,  the  holder  of  such  note,  mak- 
ing such  demand,  may  cause  the  same  to  be  protested 
for  non-payment,  by  a  notary  public,  in  the  usual  man- 
ner ;  and  the  said  commissioners,  on  receiving  such  pro- 
test, shall  forthwith  give  notice  in  writing  to  said  com- 
pany to  pay  the  same,  and  if  said  company  shall  omit  to 
do  so  for  twenty  days  after  such  notice,  said  commission- 
ers shall  immediately  thereupon,  (unless  they  shall  be  sat- 
isfied that  there  is  good  and  legal  defence  against  the 
payment  of  such  note  or  notes,)  give  notice  in  two  or 
more  newspapers,  printed  in  this  State,  that  all  the  notes 
so  issued  by  said  company  will  be  redeemed  out  of  the 
property  pledged  in  their  hands  as  aforesaid,  for  the  se- 
curity of  the  same.  And  the  said  commissioners  shall 
thereupon  proceed  to  sell  or  dispose  of  (in  such  manner 
as  they  shall  judge  most  for  the  interest  of  the  holders  of 
such  notes,)  so  much  of  the  stock,  or  real  or  personal 
estate  of  said  company,  as  shall  be  necessary  to  pay  and 
redeem  all  of  the  said  notes,  which  shall  at  that  time  be 
outstanding  against  said  company,  together  with  the  cost 
and  expense  attending  such  sale,  and  out  of  the  proceeds 
of  such  sale,  to  pay  to  the  holders  of  such  notes,  the 
amount  thereof,  with  interest  from  the  time  of  the  de- 
mand, and  failure  to  pay  as  aforesaid. 


ROADS    AND    BRIDGES.  43 


SECT.  4.  This  act  shall  not  take  effect  in  regard  to 
said  company,  till  the  stockholders  thereof,  at  a  legal 
meeting  called  for  that  purpose,  shall  have  assented  to 
the  provisions  of  the  same,  and  the  said  act  may  be  at 
any  time  altered,  amended,  or  repealed  by  the  General 
Assembly. 

Approved  May  29th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XLIV. 

An  Act  in  addition  to   and  in  alteration  of  an  Act  enti- 
tled "  an  Act  relating  to  Highways  and  Bridges." 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  when-  Acting  orVeful 
ever  any  town  shall  neglect  to  construct  or  build  any  sing  to  build  a 
public  road  or  bridge,  laid  out  by  the  county  court,  which  g]^  {™f  0°t 
it  is  the  duty  of  said  town  to  construct  or  build,  it  shall  be  by  the  county 
the  duty  of  the  county  court  for  the  county  in  which  said  ™|Jty  jJSj  •£ 
road  lies,  to  order  the  said  road  or  bridge  to  be  construct-  such  case-also 
€d  or  built,  and  to  grant  a  warrant  against  said  town,  to  state's^attor- 
collect  the  sums  expended,  or  the  cost  of  constructing  nies  &  sheriffs 
or  building  said  road  or  bridge,  in  the  same  manner  as  is  ^cc 
now  by  law  provided  for  the  repairing  any  public  road 
or  bridge  already  constructed ;  and  it  shall  be  the  duty 
of  the  State's  attornies  and  the  sheriffs  of  the  respective 
counties,  to  make  complaint  of  any  neglect  as  aforesaid, 
which  may  come  to  their  knowledge. 

SECT.  2.  All  acts  and  parts  of  acts  inconsistent  here- 
with,  be  and  the  same  are  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XLV. 

An  Act  to  repeal  the  Acts  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the   act  enti-  Repeal  of  the 
tied  "an  act  to  encourage  the  growth  and  manufacture  bounlyoifsSk. 
of  silk,"  passed  in  1832,  and  the  act  in  alteration  there- 
to, passed  in  1834,  be,  and  the  same  are  hereby  repealed.    • 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


44  SALARIES    AND    FEES. 


CHAPTER    XLVI. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  regu- 
lating Salaries  and  Fees." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 

Representatives  in  General  Assembly  convened,  That  no 

What  witness,  witnesses  shall  be  summoned  in  any  criminal  prosecution 

to°beapaMOIby  in   behalf  of  a  prisoner,   at  the  expense  of  the  State, 

the  State.         except  such  as  shall  be  contained  in  a  list,  which  shall  be 

shown  to  and  approved  by  the  judge  or  justice,  before 

whom  such  prosecution  is  pending. 

loweeT^cept      SECT<  2"  Be  **  further  ^acted,  That  no  sheriff  or 
in  certain  cases  other  officer,  or  indifferent  person,  shall  be  allowed  com- 
fees^shaif ^be  pensation  for  more  than  one  keeper  on  one  process,  ex- 
taxed,  cept  in  special  cases,  to  be  approved  by  the  court,  who 
shall  receive  not  to  exceed  one  dollar  for  every  twelve 
hours,  and  in  that  proportion  in  lieu  of  all  other  expenses. 
Keepers'  fees  shall  not  be  taxed  in  any  case,  unless  the 
court  on  enquiry,  find  that  such  services  were  necessary. 
dk,wedr"nybm      SECT.  3.  No  attorney  fee  shall  be  charged  in  a  bill  of 

of  costbeforea  cost  taxed  by  a  justice  of  the  peace  in  a  criminal  prose- 
justice.  '      J 
cution. 

One  dollar  al-  SECT.  4.  Be  it  further  enacted,  That  there  shall  be  al- 
ney  forsaking  lowed  to  State's  attornies,  for  making  out  all  bills  of 
bill  of  cost,  &c.  costs  arising  in  one  prosecution,  one  dollar,  and  no  more. 
County  court  SECT.  5.  Be  it  further  enacted,  That  the  county  courts 
d°oailarsatwentv°  may  tax  for  an  assistant  attorney  in  criminal  trials,  a  fee 
two  cents  for  of  two  dollars  and  twenty-two  cents, 
neytn  criminal  SECT.  0.  Be  it  further  enacted,  That  the  superior 
causes.  court  may  tax  in  favor  of  the  counsel  for  the  accused,  in 

the^u^nor868  capital  trials,  the  fees  allowed  to  the  State's  attorney,  and 
court  may  tax  his  assistant  in  such  cases,  provided  it  shall  appear  to  the 

for  council    of  .•     ,  .  •'  ,  i  i 

prisoner.  court,  that  the  prisoner  is  poor  and  unable  to  pay  his 
counsel. 

0  SECT-  7-  Be  it  further  enacted,  That  there  shall  be 
allowed  to  State's  attornies,  for  drawing  an  information 
or  indictment,  one  dollar,  when  such  information  or  in- 
dictment does  not  exceed  one  page  of  twenty-eight  lines, 
ten  words  to  a  line,  and  half  a  dollar  for  each  succeeding 
page.  Provided  however,  that  in  no  instance,  shall  any 

•  part  of  such  information  or  indictment,  after  the  second 
count,  be  taxed,  and  that  a  second  count  shall  not  be  al- 
lowed, unless  the  same  shall  be  approved  by  the  court. 


SALARIES    AND    FEES.  45 


SECT.  8.  Be  it  further  enacted,  That  in  criminal  trials,  JJ°  fe 
no  fees  shall  be  allowed  to  bystanders,  called  as  witness-  dereaa  witness- 
es. es- 

SECT.  9.  Be  it  further  enacted,  That  there   shall  be  Allowance   to 
taxed  for  furnishing  each  prisoner  in  State  cases,  with  board8 oFpris- 
diet,   washing,   fuel,  lights,  and  attendance,  such  sum  oners» &c- 
as  shall  from  time  to  time,  be  allowed  by  the  county 
court,  not  exceeding,  when  more  than  three  persons  in 
any  gaol  at  the  same  time,  two  dollars  per  week. 

SECT.  10.  Be  it  further  enacted.  That  it  shall  be  the  sheriffs  to  de- 

i    ...        /.  i_      -ir     *  i    c      ^L  -i.          j.    liver    convicts 

duty  of  shenfls,  to  execute  warrants  for  the  commitment  to  the  warden 
of  convicts  to  the  Connecticut  State  prison,   by  deliver-  of  state  prison 
ing  such  convicts  to   the  warden  of  said  prison  or  his  where  Skept— - 
agent,  at  the  gaols  of  the  several  counties,  and  said  war-  lees  of  sheriff, 
den  shall  cause   such  convicts  to  be  transported  to  said 
prison,  at  the  expense  of  the  State,  and  there  confined, 
pursuant  to   their  respective  sentences.     For  executing 
each  warrant,  the  sheriff  shall  receive  a  fee  for  each  pris- 
oner, one  dollar,  and  no  more. 

SECT.  11.  Be  it  further  enacted,  That  all  orders,  drawn  Orders  ontrea- 
by  a  justice  of  the  peace,  on  the  town  treasurer  for  bills  surers  of  towns 

j.      J      .  ..."  .  ..  .c      .  for  costs-items 

of  cost,  in  criminal  prosecutions,  shall  specify  the  items  of  fees  to  be 
of  such  bills  of  cost,  and    such  treasurer  shall  pay  such 
cost   to   the  persons   severally  entitled  to  receive   the 
same. 

SECT.  12.  Be  it  further  enacted,  That  no  court,  judge 
or  justice,  shall  tax  or  allow  any  item  in  bills  of  cost  in 
criminal  cases,  except  such  as  are  authorized  by  the  ex- 
press provision  of  some  statute  law. 

SECT.  13.  Be  it  further  enacted,  That  the  judges  of  Judges  of  su- 
the  supreme  court  of  errors  shall  have  power  to  make  ^™de  "jJJJJiS 
from  time   to  time,  rules  to  correct,    or  guard  against  abusesoftaxing 
abuses  in  the   taxation   and  allowance  of  bills  of  costs  C( 
against  the  State,  and  the  county  courts  shall  conform  to 
such  rules,  so  far  as  they  are  applicable  to  their  courts. 

SECT.  14.  Be  it  further  enacted,  That  so  much  of  any 
statute  of  this  State,  as  is  inconsistent  with  this  act,  be, 
and  the  same  is  hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


46  SCHOOLS. 


CHAPTER    XLVII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  regu- 
lating Salaries  and  Fees." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Fees  of  the       Representatives  in  General  Assembly  convened,    That  the 

rXrlnd  cuumy   fees  of  clerks  °f  tne  COUnty  and  Superior    Courts,    for  en- 
court  in  certain  tering  each  action,  which  at  the  first  term  of  the    court 
shall  be  discontinued  or  withdrawn,  shall  be  fifteen  cents. 
Repeal.  SECT.  2.  That  so  much  of  said  act,  and  all  other  acts, 

as  is  inconsistent  herewith,  be  and  the  same  is  hereby 
repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XL VIII. 

An  Act  in  addition  to  an  Act  entitled  "an  Act  relating  to 
Sheriffs." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the  sheriff  of 
4^e  C0unt7  °f  Fairfield  may  appoint  for  said  county, 
Fairfieicoun  any  number  of  deputy  sheriffs,  not  exceeding  eleven  ; 
and  so  much  of  the  act  to  which  this  is  an  addition,  as  is 
inconsistent  herewith,  be,  the  same  hereby  is  repealed. 
Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XLIX. 

An  Act  in  addition  to  "  an  Act  for  the  regulation  of 
School  Societies,  and  for  the  support  of  Schools." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  whenever  the 
lfcommittee&  committee  and  clerk  of  any  school  district,  shall  omit  to 

clerk  neglect  to  ,  .  J  .        ,         '.  . 

enumerate  the  return  to  the  committee  of  the  school  society,  the  enu- 
iaw^uires—  merat'on  °^  children  in  thejr  respective  districts,  within 
bTwhora^and  the  time  prescribed  by  law,  it  shall  be  the  duty  of  one  of 
whentheyshail  tne  committee  of  such  school  society  to  make  such  enu- 

be  enumerated  .          ,     r          ,        ,  _,,  *  tf  c  11 

and   returned,  meration,  before  the  15th  day  of  September  following, 


SCHOOLS.  47 

and  lodge  the  same  with  the  treasurer  of  such  society,  *  ^"j^^.  of 
and  on  their  return  to  the  comptroller,  shall  indorse  a  compensation 
certificate  thereof,  according  to  the  following  form,  viz.  for  su.ch  enu: 

meration,    and 
how  paid. 

"  Whereas  no  return  of  the  number  of  children  be- 
tween four  and  sixteen  years  of  age,  has  been  received 
from  the  committee  or  clerk  of  the  school  district 

in  said   society,  I  therefore  as  one  of  the  committee  of 
said  school  society,  have  enumerated  said  children,  and 
do  find  that  on  the  1st  Monday  of  August,  A.  D. 
there  were  residing  within  said  district  and  belonging 
thereto,  the  number  of  persons  between  the  ages 

aforesaid,  none  of  which  are  contained  in  the  within 
return.  A.  B.  school  society  committee." 

Sworn  to  this  day  of  A.  D.   18       before 

me,  C.  D.  justice  of  the  peace. 

And  for  making  such  enumeration,  said  committee 
shall  be  entitled  to  receive  five  cents  for  each  child  so 
enumerated,  to  be  paid  from  the  next  dividend  belong- 
ing to  said  school  district,  which  may  thereafter  be  re- 
ceived from  the  town  deposite  fund.  And  the  enume- 
ration and  return  so  made,  shall  be  as  effectual  to  all 
intents,  as  if  made  in  the  form  heretofore  prescribed  by 
law. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   L. 

An  Act  concerning  Schools. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  each  Powers  of 

u      i          •    .1       i     11  i_  i         A.   I_T  i  i         •    *    •      schoolsocieties. 

school  society  shall  have  power  to  establish  and  maintain 
common  schools  of  different  grades,  to  build  and  repair 
school  houses,  to  lay  taxes,  and  make  all  lawful  agree- 
ments and  bye-laws  to  secure  the  free,  equal,  and  useful 
instruction  of  all  the  youth  thereof. 

SECT.  2.  No  school  district  shall  hereafter  be  formed  No.  sc^°°l  lis- 

,.  .     .  i-       •  «•  strict  hereafter 

out  of   any  existing  district  or  districts,  with  less  than  to  be  formed 
forty  children  between  the  ages  of  four  and  sixteen,  nor  ?".e  of  ^  .e*' 

i     11  .    ,.          ,.  ,      's.       „  .  isting    districts 

shall  any  existing  district,  by  the  formation  of  a  new  one.  of  less  than  40 
be  reduced  below  the  same  number.  children,  &c. 

SECT.  3.  Whenever  any  school  district  shall  be  form-  JStLrfrehESi 
ed  or  altered  in  any  school  society,  it  shall  be  the  duty  society  in  form- 
ing a  district&c 


48  SCHOOLS. 

of  the  committee  of  the  society  to  fix  and  describe  the 
boundary  lines  of  such  district,  and  cause  the  same  to  be 
entered  on  the  records  of  the  society  ;  and  in  any  case 
where  such  boundary  lines  are  not  now  fixed  and  de- 
scribed, it  shall  be  the  duty  of  said  committee,  on  appli- 
cation of  the  district,  to  designate  and  define  the  same, 
as  above  specified. 

All  school  dis-       SECT.  4.  Every  legally  constituted  school  district  shall 

body  corporate8,  be  a  body  corporate,  so  far  as  to  be  able  to   purchase, 

&c.  '  receive,  hold  and  convey  any  estate  real  or  personal  for 

the  support  of  schooling  in  the  same,  to  prosecute  and 

defend  in  all  actions  relating  to  the  property  and  affairs 

of  the  district,  and  to  make  all  lawful  agreements  and 

regulations  for  the  management  of  schools  within  said 

district. 

Meetings  of           SECT.  5.  There  shall  be  a  meeting  in  each  school  dis- 
whenYehS  trict  annually  on   the   last   Tuesday  of  August,  at  the 
where— notice   school  house  of  such  district,  or,  if  there  be  no  school 
whom.8™1  by  house,  at  such  other  place  as  the  district  committee  may 
designate  ;  and  notice  thereof  shall  be  given  at  least  five 
days  previous,  by  the  district  committee,  in  one  or  more 
newspapers  published  therein,  or  by  putting  the  same  on 
the  school  house,  or  on  the  sign  post,  or  on  such  other 
places,  and  in  such  other  mode  as  the  district  may  de- 
signate for  this  purpose. 
Meetings  how       SECT.  6.  A  special  meeting  shall  be  held  in  each  dis- 

warned.  .  ~   „     ,    .          .    = 

trict  whenever  called  by  the  district  committee,  in  the 
manner  specified  in  the  case  of  annual  meetings  ;  and  it 
shall  be  the  duty  of  said  committee,  or  any  member 
thereof,  or  in  case  of  failure  or  refusal  of  the  same,  of 
the  clerk  of  said  district,  to  call  a  meeting  on  the  written 
application  of  any  five  residents  therein  who  pay  taxes  ; 
and  every  notice  of  a  district  meeting,  shall  state  the 
purpose  for  which  said  meeting  is  called. 

wt™  to  vote  for  SECT.  7.  At  the  annual  meeting  of  any  district  the 
officers  not  legal  voters  thereof  shall  elect,  in  addition  to  the  officers 
heretofore  re-  now  required,  a  committee,  to  consist  of  not  more  than 

quired,    to    be,  ^  .  .  ...  .        •  i 

elected  and  three  residents  of  the  district ;  and  said  committee  shall 
their  duties.  discharge  all  the  duties  now  required  of  the  district  com- 
mittee appointed  by  the  school  society  ;  shall  employ 
unless  otherwise  directed  by  the  district  one  or  more 
qualified  teachers ;  provide  suitable  school  rooms  ;  visit 
the  schools  by  one  or  more  of  their  number,  twice  at 
least,  during  each  season  of  schooling;  see  that  the 
scholars  are  properly  supplied  with  books,  and  in  case 
they  are  not,  and  the  parents,  guardians,  or  masters  have 
been  notified  thereof  by  the  teacher,  to  provide  the  same 


SCHOOLS.  49 


at  the  expense  of  the  district,  and  add  the  price  thereof 
to  the  next  school  tax  or  rate  of  such  parents,  guardians, 
or  masters  ;  suspend  during  pleasure  or  expel  during  the 
current  season  from  school,  all  pupils  found  guilty  on  full 
hearing  of  incorrigibly  bad  conduct ;  and  give  such  in- 
formation and  assistance  to  the  school  committee  and 
visiters  of  the  society,  as  they  may  require,  and  perform 
all  other  lawful  acts  as  may  from  time  to  time  be  re- 
quired of  them  by  the  district,  or  which  may  be  necessary 
to  carry  into  full  effect  the  powers  and  duties  of  school 
districts. 

SECT.  8.  Each  school  district  shall  have  power  at  the  Powers  of 

i  ]        f.  i  ..  i     •!  i  it.  school  districts 

annual,  or  any  lawful   meeting,  to  build,   or  otherwise  to  provide 
provide  suitable  school  rooms  ;  to  employ  one  or  more  rooms,  employ 
teachers  ;  to  fix  the  different  periods  of  the  year  at  which  of^schopT,  ap- 

the  school  shall  be  taught ;  and  to  appropriate  such  por-  propn'ation   of 
c  ,t  i_i-  .  ,      v  ,   •   ±  f       Bchool  money, 

tions  ot  the  public  moneys  accruing  to  such  district  tor  &c. 

the  use  of  schools,  to  such  parts  of  the  year  as  the  con- 
venience of  the  district  may  require  ;  provided  that  no 
school  district  shall  after  the  first  day  of  January  next, 
be  entitled  to  any  portion  of  the  public  money,  unless 
the  school  or  schools  of  such  district  have  been  kept  by 
a  teacher  or  teachers  duly  qualified,  for  at  least  four 
months  in  the  year — and  until  the  district  committee 
shall  certify  that  the  public  money  received  by  such 
district,  for  the  year  previous,  had  been  faithfully  applied 
and  expended  in  paying  the  wages  of  such  teacher  or 
teachers,  and  for  no  other  purpose  whatever. 

SECT.  9.  The  inhabitants  of  school  districts  in  lawful  £°™eronto  r^ 
meeting  assembled,  shall  have  power  to  lay  taxes  on  all  estate  in  dis- 
the  real  estate  situated  in  their  respective  districts,  and  ^ 
upon  the  polls  and  other  rateable  estate,  except  real  collected. 
estate  situate  without  the  limits  of  such  district,  of  those 
persons  who  are  residents  therein,  at  the  time  of  laying 
such  tax,  and  said  real  estate  shall  not  be  taxed  by  any 
school  district  besides  the  one  in  which  the  same  is  situ- 
ated ;  and  said  tax  shall  be  made  out  and  signed  by  the 
district  committee  from  the  assessment  list  of  said  town 
or  towns,  to  which  said  district  belongs,  last  completed 
or  next  to  be  completed,  as  said  district  may  direct,  and 
be  collected  by  the  collector  of  the  district  in  the  same 
manner  as  town  taxes. 

SECT.  10.  Whenever  real  estate  situated  in  one  school  Assessments 
district,  is  so  assessed  and  entered  in  the  grand  list  in 
common  with  other  estate    situated  out  of  said  district, 
that  there  is  no  distinct  and  separate  value  put  by  the  as- 
7 


50  SCHOOLS. 


sessors  upon  the  part  lying  in  said  district,  then  said  dis- 
trict wishing  to  lay  a  tax  as  aforesaid,  may  call  upon  the 
assessors  for  the  time  being  of  the  town  in  which  such 
district  is  situated,  to  assess,  and  they  are  hereby  author- 
ized and  directed  on  such  application,  to  assess  the  value 
of  that  part  of  said  estate  which  lies  in  said  district,  and 
to  return  the  same  to  the  clerk  of  said  town :  and  notice 
thereof  shall  be  given  by  the  district  committee  in  the 
same  way  and  manner  as  school  meetings  are  warned  ; 
and  at  the  end  of  fifteen  days  after  said  assessment  has 
been  lodged  as  aforesaid,  said  assessor  and  society's 
committee  shall  meet  in  such  place  in  said  district  as 
said  committee  shall  designate  in  their  notice,  and  shall 
have  the  same  power  in  relation  to  such  list  as  the  board 
of  relief  have  in  relation  to  lists  of  towns.  When  such 
list  shall  be  equalized  and  adjusted  by  said  assessors  and 
society's  committee,  the  same  shall  be  lodged  with  the 
town  clerk,  and  said  assessment  shall  be  the  rule  of  tax- 
ation for  said  estate  by  said  district,  for  the  year  ensuing ; 
and  said  assessors  shall  be  paid  by  said  district,  a  rea- 
sonable compensation  for  their  services. 

Duty  of  visitors       SECT.  11.  The  visiters  or  overseers  appointed  by  any 
or  overseers      school  society,  may  prescribe  rules  and  regulations  for 

appointed  by        .  "          J   l  ..          ,        ,  ,     ..      P  ,. 

•choolsocieties.  the  management,  studies,  books,  and  discipline  of  the 
schools  in  said  society,  and  may  appoint  two  persons, 
one  or  both  of  whom  shall  be  a  committee  to  examine 
into  the  qualifications  of  all  candidates  who  may  apply 
for  employment  as  teachers  in  the  common  schools  of 
such  society,  and  shall  give  to  such  persons,  with  the 
evidence  of  whose  moral  character  and  literary  attain- 
ments they  are  satisfied,  a  certificate  setting  forth  the 
branches  he  or  she  is  found  capable  of  teaching,  provi- 
ded that  no  certificate  shall  be  given  to  any  person  not 
found  qualified  to  teach  reading,  writing  and  arithmetic, 
thoroughly,  and  the  rudiments  at  least,  of  grammar, 
geography,  and  history ;  to  visit  each  of  the  district 
schools  in  said  society,  during  the  first  two  weeks  after 
the  opening  of  such  schools,  and  also  during  the  two 
weeks  preceding  the  close  of  the  same,  at  which  visits 
the  committee  may  examine  the  record  or  register  of  the 
teacher,  and  all  other  matters  touching  the  literature,  dis- 
cipline, mode  of  teaching,  and  improvement  of  the  school; 
and  subject  to  the  rules  and  regulations  of  the  school  vis- 
iters, may  exercise  all  the  powers,  and  discharge  all  the 
duties  of  said  visiters  ;  and  such  committee  shall  receive 
one  dollar  each  per  day,  for  the  time  actually  employed 
in  discharging  the  duties  of  their  office,  and  such  other 


SCHOOLS.  51 

compensation  as  said  society  may  allow,  to  be  paid  out 
of  the  income  of  the  town  depositefund  accruing  to  said 
society,  or  in  any  other  way  which  said  society  may 
provide. 

SECT.  12.  No  teacher  shall  be  employed  in  any  school  ^^"  v*idf 
supported  by  any  portion  of  the  public  money,  until  he  th*publufmo- 
or  she  has  received  a  certificate  of  examination  and  ap-  neys  to  b?  ex" 

,  ,  .      .          c      .  .  ,    .  ,     r      ammed,  &c. 

probation,  signed  by  a  majority  or   visitors  of  the  school  receive  a  cer- 
society,  or  by  the  committee  by  them  appointed,  nor  shall  g,^^*0'1  br 
any  teacher  be  entitled  to  draw  any  portion  of  his  or  her  er  commence! 
wages,  so  far  as  the  same  is  paid  out  of  any  public  money  ^^j her 
appropriated  by  law  to  schools,  unless  he  or  she  can  pro- 
duce such  certificate,  dated  previous  to  the  opening  of 
his  or  her  school ;  provided  that  no  new  certificate  shall 
be  necessary,  when  the  teacher  is  continued  in  the  same 
school  more  than  a  year,  unless  the  visiters  or  overseers 
shall  require  it. 

SECT.  13.  It  shall  be  the  duty  of  every  teacher  in  any  Duty  of  school 
common  district  school,  to  enter  in  a  book,  or  a  register  teachers- 
to  be  provided  by  the  district  clerk,  the  names  of  all  the 
scholars  attending  school,  their  ages,  the  date  when  they 
commenced,  the  length  of  time  they  continue,  and  their 
daily  attendance,  together  with  the  day  of  the  month  on 
which  such  school  was  visited  by  the  school  visiters 
of  the  society  or  committee  by  them  appointed,  which 
book,  or  register,  shall  be  open  at  all  times  to  the 
inspection  of  all  persons  interested,  and  be  delivered  over 
by  the  teacher  at  the  close  of  the  term,  to  the  district 
clerk,  together  with  a  certified  abstract,  showing  the 
whole  number  of  pupils  enrolled,  the  number  of  males 
and  females,  and  the  average  daily  attendance  ;  and  it 
shall  be  unlawful  to  pay  any  teacher  more  than  two- 
thirds  the  amount  due  for  any  term  of  tuition,  until  said 
book  and  abstract  shall  be  placed  in  the  hands  of  the 
district  clerk,  as  aforesaid,  and  certified  to  under  oath. 

SECT.  14.  Any  school  society,  in  lawful  meeting,  may  Powers  of 
authorize  the  committee  of  the  society  to  draw  an  order  lf^°l  socw" 
on  the  society  treasurer,  in  favor  of  such  districts,  or  parts 
of  districts,  as  have  kept  their  schools  in  all  respects  ac- 
cording to  law,  for  their  proportion  of  all  the  public 
money  appropriated  to  the  use  of  schools,  in  the  hands 
of  said  treasurer  either  according  to  the  number  of  per- 
sons between  the  ages  of  four  and  sixteen  in  such  dis- 
tricts or  parts  of  districts,  or  according  as  the  amount  of 
attendance  for  a  period  of  six  months'  schooling  in  such 
districts  or  parts  of  districts,  shall  bear  to  the  whole 


52  SCHOOLS. 


amount  of  attendance  in  all  the  districts  for  the  same 
period. 

If  the  expense      SECT.  15.  Whenever  the  expense  of  keeping  a  com- 
mon  school  by  a  teacher  or  teachers  duly  qualified,  shall 


the  amount  of  exceed  the  amount  of  all  monies  appropriated  by  law  to 

propriateT  lay  defray  the  expense  of  such  school,  the  committee  in  such 

law,  how  to     district  for  the  time  being,  may  examine,  adjust,  and  al- 

low all  bills  of  expense  incurred  for  the  support  of  said 

school,  and  assess  the  same  upon  the  parents,  guardians, 

and  masters  of  such  children  as  attended  the  same,  ac- 

cording to  the  number  and  time  sent  by  each. 

Contingent  ex-      SECT.  16.  Whenever  the  contingent  expenses  of  any 

^ome8repa?r°g  school  district,  arising  from  repairs  of  school  house  or 

books,  &c.,  not  its   appendages,  books,   costs,  damages,  or  any  other 

fa  oro'yrar?  to  source,  shall  not  exceed  the  sum  of  twenty  dollars  in  one 

be  included'  in  year,  the  same  may  be  included  in  the  above  assessment. 

^hoohHstricts       SECT.  17.  Any  school  district,  in  lawful  meeting  warn- 

power  as  to  li-  ed  for  this  purpose,  is  hereby  authorized  to  lay  a  tax, 

pens^howpaldl  not  exceeding  thirty  dollars  the  first  year,  or  ten  dollars 

any  subsequent  year,  on  the  district,  for  the  purpose  of 

establishing  and  maintaining  a  common  school  library 

and  apparatus  for  the  use  of  the  children  of  such  district, 

under  such  rules  and  regulations  as  said  district  may 

adopt  ;    and  any  sum  of  money  thus  raised,  shall  be  as- 

sessed and  collected  in  the  same   manner  as  other  dis- 

trict taxes. 

Union  districts  SECT.  18.  Any  two  or  more  adjoining  school  districts, 
powers™?  may  associate  together  and  form  a  union  district,  with 
power  to  maintain  a  union  school,  to  be  kept  for  the  ben- 
efit of  the  older  and  more  advanced  children  of  such  as- 
sociated districts,  if  the  inhabitants  of  each  of  such  dis- 
tricts shall,  at  legal  meetings  called  for  that  purpose, 
agree  to  form  such  union  by  a  vote  of  two  thirds  of  the 
legal  voters  present. 

Union  districts      SECT.  19.  Any  union  district  thus  formed  shall  have 
to  have  corpo-  all  the  corporate  powers  of  school  districts,  and  shall  hold 

rate  powers,       •.      ,.  A.  .      • 

&c.  r  its  first  meeting  on  such  notice,  and  at  such  time  and 

place  as  may  be  agreed  upon  by  the  associated  districts 
respectively  by  a  vote  of  the  same  at  the  time  of  form- 
ing the  union. 

Annual  meet-       SECT.  20.  The  annual  meeting  of  such  union  district 

diLicte,  when  S.ha11  be  held  a*  SUch    time  and  PIaC6>   and  UP°n  SUch  n°" 

held—  what  no-  tice,  as  the  district  may  at  its  first  meeting  prescribe  ; 
h°W  and  notice  of  a11  sPec»al  and  adjourned  meetings  shall  be 
given  as  provided  for  in  the  case  of  school  districts. 

rVof        SECT'  2L    The  I6gal  V0ters  of  such  union  district  sha11 

union  districts,  have  power  to  designate,  and  purchase  or  lease,  the  site 


SCHOOLS.  53 

for  a  school  house  for  the  union  school,  and  to  build,  hire, 
or  purchase  a  building  for  such  school  house,  and  to  keep 
in  repair  and  furnish  the  same  with  fuel,  furniture,  and 
other  necessary  articles  for  the  use  of  said  school,  and  to 
assess  and  collect  a  tax  for  the  above  purpose,  in  the 
same  manner  as  is  prescribed  by  law  for  other  school 
districts  ;  and  in  case  the  district  shall  not  be  able  unan- 
imously to  agree  on  the  location  ot  the  union  school 
house,  the  school  society  committee  shall,  on  application, 
determine  the  same. 

SECT.  22.  The  committees  of  the  respective  districts  Who  to  be  the 
forming  the    union  district,  shall   constitute  the  school  S^dtatriSl 
committee  of  said  district,  with  power  to  appoint  their  and  their  pow- 
own  clerk,   treasurer  and   collector — and  said  officers  ei 
shall  have  all  the  powers,  and  discharge  all  the  duties  in 
reference  to  such  district,  as  the  same  officers  have  in 
case  of  school  districts. 

SECT.  23.  The  committee  aforesaid  shall  also  deter-  Further  dutieg 
mine  the  ages  and  qualifications  of  the  children  of  the  and  powers  of 
associated  district,  who  may  attend  the  union  school,  and  mftt^lon  C°m" 
make  all  rules  and  regulations  for  the  studies,  books  and 
discipline  of  the  school,  subject  to  the  approbation  of  the 
visiters  of  the  school  society  in  which  said  union  district     ' 
may  be  located,  and  to  any  votes  that  may  be  passed  in 
any  legal  meeting  of  said  district. 

SECT.  24.  Such  union  school  shall  receive  such  pro-  what  public 
portion  of  all  money  accruing  to  the  use  of  each  of  the  school-money 
associated  districts,  as  the  children  between  the  ages  of  SytunTn 
four  and  sixteen  attending  the  union  school  from  each  of  districts— also 
said  districts,  bear  to  the  number  attending  the  district  ™£e 
school  in  each — and  the  expense  of  sustaining  the  school 
beyond  the  amount  thus  received  shall  be  borne  by  the 
union  district,  in  such  manner  as  the  legal  voters  of  the 
same  shall  prescribe  ;  and  a  tax  or  rate  for  this  purpose 
shall  be  assessed  and  collected  in  the  same  manner  as  in 
the  case  of  any  other  school  district. 

SECT.  25.  The  visiters  or  overseers  of  schools,  shall  Duty  of  school 
have  the  same  power  and  perform  the  same  duties  in  re-  union'dis^ricts. 
lation  to  such  union  schools,  as  are  prescribed  to  them  in 
relation  to  other  district  schools. 

SECT.  26.  No  child  shall  be  excluded  from  any  school  No ,ch.ild  to  be 
supported  in  all  or  in  part  out  of  any  money  appropriated  any^ch^CTf 
or  raised  by  law  for  this  purpose,  in  the  district  to  which  said  ***•  is 
such  child  belongs,  on  account  of  the  inability  of  the  pa-  S^pS^'m*" 
rent,  guardian,  or  master  of  the  same  to  pay  his  or  her  {1^""?  by 
tax  or  assessment  for  any  school  purpose  whatever;  and  p<m° 
the  school  committee  of  such  district,  and  the  selectmen,  £Lbility  to 

'  <KC. 


54  SCHOOLS. 

or  a  majority  of  the  same,  of  the  town  or  towns  in  which 
such  district  shall  be  located,  shall  constitute  a  board  with 
power  to  abate  the  taxes  or  assessments  of  such  persons 
as  are  unable  to  pay  the  same  in  all  or  in  part,  and  said 
select  men  shall  draw  an  order  for  the  amount  of  such 
abatements  upon  the  treasurer  of  the  town  in  which  such 
persons  reside,  in  favor  of  said  district. 

Term  of  all  SECT.  27.  All  the  school  officers,  both  of  the  school 

bah0of0^cfety  society  and  school  districts,  shall  hold  their  respective 
and  districts,     offices  until  the  annual  meeting  of  such  society  and  dis- 
trict next  following  the  time  of  their  appointment,  and 
until  others  shall  be  duly  elected  in  their  places. 
Failure  of  ap-       SECT.  28.  In  case  any  district  shall  fail  or  neglect  to 
cere  atgthe  an-  appoint  any  or  all  of  the  officers  authorized  and  directed 
"ual&meeriljf'  *°  ^e  aPP°'nte<;l  by  this  act  at  the  annual  meeting,  or  any 
appointed  by6  vacancy  shall  occur  by  death,  removal  from  the  district, 
the  committee  or  otherwise,  it  shall  be  the  duty  of  the  committee  of  the 

of  the    school        ,        ,  .     '      .  ...  ,      ,. ?      .    .  ,       , 

society.  school  society  in  which  such  district  may  be  located,  to 

make  such  appointment,  and  to  fill  such  vacancy,  on  re- 
ceiving written  notice  thereof  from  any  three  members 
of  the  district,  and  lodge  the  name  or  names  of  such  offi- 
cers so  appointed,  with  the  district  clerk. 

Governor  to  fill       SECT.  29.  The  governor  is  hereby  authorized  to  fill 

vacanciesm  the  •        i        i  r-  •     •  r 

board  of  com-  any  vacancy  in  the  board  ot  commissioners  01  common 
common"8  °f    sc^°°^s»  occasioned  by  death,  resignation,  or  otherwise, 
schools,  &c.          SECT.  30.  All  acts  or  parts  of  acts  relating  to  school 
Repeal.  societies  or  schools,  inconsistent  with  the  provisions  of 

this  act,  are  hereby  repealed. 
Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    LI. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for  the 
regulation  of  School  Societies  and  for  the  support  of 
Schools." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
ll  school  visi-  lives  in  General  Assembly  convened,    That  in   all  cases, 
™c£  in  wm'ch  the  school  visitors  and  clerks  of  the  several 


eties  have  fail-  school  societies,  have  heretofore  failed  to  make  returns 
turn°s  aTprovl-  ^cording  to  the  provisions  of  the  third  and  fourth  see- 
ded in  an  act  tions  of  an  act  entitled  "  an  act  to  provide  for  the  better 
stiiMiuXp.  supervision  of  common  schools  ;"  passed  May  session 
trailer  to  draw  1838,  the  comptroller  of  public  accounts,  shall  not  for 
an  order,  &c.  suc^  cauge>  refuse  to  draw  an  order  on  the  treasurer,  for 


SPIRITOUS    LIQUORS.  55 


such  proportion  or  amount  of  school  money  as  said  soci- 
eties may  be  entitled  on  the  first  days  of  October  and 
March  next  respectively.  Provided,  the  returns  of  said 
societies  shall  in  other  respects  conform  to  the  statute 
law  of  this  State. 

Approved  June  5th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    LII. 

An  Act  relating  to  the  sale  of  Spiritous  Liquors. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,    That  no  Spiritous    li- 
person  or  persons,  shall,  from  and  after  the  first  Monday  and^o^to  be 
of  January  next,  sell,  directly  or  indirectly,  any  wines  or  sold, 
spiritous  liquors,  in  any  town  in  this  State,  without  lib- 
erty granted  by  the  town  in  manner  as  is  hereafter  pro- 
vided by  this  act. 

SECT.  2.  The  several  towns  in  this  State,  at  a  town  Towns  to  a- 
meeting  legally  warned  and  assembled  for  that  purpose, 
any  time  in  the  month  of  January  annually,  be,  and  they 
are  hereby  authorized  by  a  major  vote  of  the  legal  voters 
present,  which  vote  shall  be  by  ballot,  to  grant  liberty  to 
any  person  or  persons,  to  sell  wines  and  spiritous  liquors 
within  their  respective  towns,  under  such  regulations  as 
they  may  severally  adopt. 

SECT.  3.  No  person  or  persons,  except  taverners,  shall  Who  may  sell 
sell  directly  or  indirectly,  by  an  agent  or  otherwise,  to  drankln  Ws  ol 
any  person  or  persons,  or  permit  to  be  sold,  any  wines  hershop,house, 
or  spiritous  liquors,  to  be  drunk  in  his  or  her  house,  shop,  pendencies' de~ 
distillery,  or  dependencies. 

SECT.  4.  If  any  retailer  or  taverner,  or  any  other  per-  $20  penalty  for 
son  or  persons,  shall  sell  any  wines  or  spiritous  liquors,  Vlolatlon- 
without  liberty  granted  as  aforesaid,  or  in  any  way,  con- 
trary to  the  provisions  of  this  act,  or  the  regulations  that 
the  town  in  which  the  offence  is  committed,  shall  have 
prescribed,  such  person  or  persons,  being  thereof  duly 
convicted,  shall  forfeit  and  pay  for  each  offence,  the  sum 
of  twenty  dollars,  to  the  treasury  of  the  town,  where 
such  offence  shall  have  been  committed. 

SECT.  5.  On  complaint  to  the  selectmen  of  any  town,  Duty  of  select, 
from  a  source  entitled  to  credit,  of  a  violation  of  this  act,  !J^|~pduty  ?f 
it  shall  be  the  duty  of  such  selectmen  to  investigate  the  " 
same,  and  if  it  shall  appear  that  such  complaint  is  true, 


56  TURNPIKES. 


they  shall  notify  agrand  juror  of  such  town,  who  shall  pros- 
ecute the  same ;  and  the  grand  jurors  of  the  respective 
towns  shall  also  prosecute  any  violations  of  this  act,  on 
satisfactory  evidence  being  furnished  of  such  offence,  by 
any  other  person  or  persons,  than  selectmen.  Provided 
nevertheless,  that  nothing  contained  in  this  act  shall  be 
so  construed  as  to  prevent  any  taverner,  legally  licenced, 
from  selling  wines  or  spiritous  liquors,  during  the  contin- 
uance and  according  to  the  true  intent  and  meaning  of 
such  licence  ;  nor  shall  any  thing  contained  in  this  or  any 
other  public  act,  be  so  construed  as  to  authorize  a  tavern- 
er to  sell  any  wines  or  spiritous  liquors,  to  be  drunk  in 
any  other  place  than  within  his  public  house. 

SECT.  6.  Be  it  further  enacted,  That  all  public  acts 
relating  to  the  sale  of,  spiritous  liquors,  inconsistent  with 
the  provisions  of  this  act,  be,  and  the  same  are  hereby 
repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER  LIH. 

An  Act  in  addition  to  an  Act  relating  to  Turnpike  Roads. 

BE  it  enacted  by  tJie  Senate  and  House'  of  Representa- 
tives in  General  Assembly  convened,  That  whenever  it 
shall  so  happen,  that  the  judge  of  the  county  court  can- 
not act,  on  account  of  interest,  either  of  the  commis- 
sioners, in  their  respective  counties,  may  perform  all  the 
duties,  and  exercise  all  powers  conferred  on  judges  of  the 
county  court,  by  the  first  and  third  sections  of  the  act 
entitled  "  an  act  in  addition  to  an  act  relating  to  turnpike 
roads,"  enacted  in  1 835. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


TURNPIKES.  57 


CHAPTER    LIV. 


An  Act  in  addition  to  an  Act  relating  to  Turnpike  Roads. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  in  all  cases, 
in  which  the  toll  for  sheep  and  swine,  is  not  specifically 
prescribed,  by  the  charter  or  any  subsequent  grant  of 
any  turnpike  incorporation  in  this  State,  the  toll  for  each 
sheep  or  swine,  passing  on  the  road,  at  each  gate  at  which 
full  toll  is  payable,  shall  be  five  mills,  and  two  and  a  half 
mills  at  each  gate,  at  which  half  toll  is  payable,  and  no 
more. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    LV. 

An  Act  in  addition  to  an  Act  relating  to  Turnpike  Roads. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened.  That  in  all 
cases  in  which  the  toll  for  a  one  horse  waggon,  is  not 
specifically  prescribed  by  the  charter  or  any  subsequent 

frant  of  any  turnpike  or  bridge  incorporation  in  this 
tate,  the  toll  for  each  waggon,  drawn  by  one  horse, 
whether  the  body  be  hung  on  springs  or  not,  for  passing 
on  the  road  or  bridge,  whether  loaded  or  not,  shall  be 
six  cents  and  one  quarter  at  each  gate  where  full  toll  is 
payable,  and  three  cents  where  half  toll  is  payable,  and 
no  more. 

SECT.  2.  That  the  act  in  addition  to  an  act  relating 
to  turnpike  roads,  passed  in  1838,  be,  and  the  same  is 
hereby  repealed. 

Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH. 
8 


58  WOKTHINGTON. 


CHAPTER   LVI. 

An  Act  in  alteration  of  an  Act  incorporating  the  Borough 
of  Worthington — passed  May  session,  1834. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Alteration  of  Representatives  in  General  Assembly  convened,  That  the 
the  borough  of  borough  of  Worthington  be  reduced  to  the  following 
limits,  and  that  the  same  shall  hereafter  be  the  limits  of 
said  borough,  any  law  to  the  contrary  notwithstanding, 
viz :  Beginning  at  a  point  in  Capt.  Normand  Peck's  barn 
lot,  bearing  south  five  degrees,  west  fifteen  rods  and  thir- 
teen links,  from  the  south  west  corner  of  said  Peck's 
barn,  running  east  to  the  north  west  corner  of  Alfred  Ed- 
wards' house  lot,  on  the  east  side  of  the  Hartford  and 
New  Haven  turnpike  road ;  thence  along  the  north  line 
of  said  Edwards'  lot,  continuing  the  course  to  a  point  in 
a  lot  of  Col.  Frederick  Dunham,  deceased,  seventy-one 
and  one  half  rods  from  the  Hartford  and  New  Haven 
turnpike  road  ;  thence  southerly  to  the  south  east  corner 
of  Col.  Wm.  Bulkley's  house  lot ;  thence  westerly  to 
the  south  east  corner  of  Zenas  Richardson's  garden,  on 
the  west  side  of  said  turnpike  road  ;  thence  continuing 
the  same  course  westerly,  forty  rods  from  said  road  ; 
thence  northerly  to  the  first  mentioned  point. 

SECT.  2.  Be  it  further  enacted,  That  so  much  of  the 
said  act  of  which  this  is  an  an  alteration,  as  is  inconsistent 
herewith,  be,  and  the  same  is  hereby  repealed. 

Approved  May  25th,  1839. 

WILLIAM  W.  ELLSWORTH. 


PROPOSED    AMENDMENTS    TO    THE    CONSTITUTION.  59 


GENERAL  ASSEMBLY, 

MAY  SESSION,  1839. 

Resolved  by  the  House  of  Representatives,  That  the  fol- 
lowing be  proposed  as  an  amendment  to  the  constitution 
of  this  State,  which  when  approved  and  adopted  in  the 
manner  by  the  constitution  prescribed,  shall,  to  all  intents 
and  purposes,  become  a  part  thereof. 

Judges  of  the  courts  of  probate,  shall  be  appointed  in 
the  several  districts  of  this  State,  by  the  electors  residing 
in  said  districts,  in  such  manner  and  for  such  term  of 
office,  not  exceeding  three  years,  as  shall  be  prescribed 
by  law. 

Resolved,  That  the  foregoing  proposed  amendment  be 
continued  to  the  session  of  the  General  Assembly,  to  be 
holden  at  New  Haven  in  May  next,  and  be  published 
with  the  laws  passed  at  the  present  session. 

HOUSE  OF  REPRESENTATIVES,  JUNE  5th. 
Passed — A.  CATLIN,  Clerk. 

R.  H.  MILLS,  Clerk. 


GENERAL  ASSEMBLY, 
MAY  SESSION,  1839. 

Resolved  by  the  House  of  Representatives,  That  the  fol- 
lowing be  proposed  as  an  amendment  to  the  constitution 
of  this  State,  which  when  approved  and  adopted  in  the 
manner  by  the  constitution  prescribed,  shall,  to  all  in- 
tents and  purposes,  become  a  part  thereof. 

Justices  of  the  peace  shall  be  appointed  in  the  several 
towns  in  this  State,  by  the  electors  residing  in  said 
towns,  in  such  manner,  and  for  such  term  of  office,  not 
exceeding  three  years,  as  shall  be  prescribed  by  law. 

Resolved,  That  the  foregoing  proposed  amendment  be 
continued  to  the  session  of  the  General  Assembly,  to  be 
holden  at  New  Haven,  in  May  next,  and  be  published 
with  the  laws  passed  at  the  present  session. 

HOUSE  OF  REPRESENTATIVES,  JUNE  5th. 
Passed — A.  CATLIN,  Clerk. 
R.  H.  MILLS,  Clerk. 


60  PROPOSED    AMENDMENT   TO    THE    CONSTITUTION. 


GENERAL  ASSEMBLY,  ) 

MAY  SESSION,  1839.    5 

The  joint  committee  on  the  Judiciary,  to  whom  was 
referred  a  communication  from  the  secretary  of  this 
State,  in  relation  to  a  proposed  amendment  of  the  consti- 
tution, concerning  the  qualifications  and  admission  of 
electors,  have  had  the  same  under  consideration,  and 
respectfully  report  as  follows  : 

It  is  provided  by  the  constitution,  in  relation  to  amend- 
ments of  the  same,  that  they  shall  be  proposed  by  a  ma- 
jority of  the  House  of  Representatives,  be  continued  to 
the  next  session  of  the  legislature  and  be  published  with 
the  laws ;  that  they  be  passed  by  a  vote  of  two-thirds  of 
both  houses  in  General  Assembly  ;  that  the  secretary  of 
the  State  transmit  the  same  to  the  town  clerks  of  the 
several  towns  in  the  State  ;  that  the  town  clerks  of  the 
several  towns,  should  present  the  same  to  the  inhabitants 
thereof,  for  their  consideration,  at  a  town  meeting  legal- 
ly held  and  warned  for  that  purpose.  It  is  further  pro- 
vided, that  "  if  it  shall  appear  in  manner  to  be  provided 
by  law,  that  a  majority  of  the  electors  present  at  such 
meetings,  shall  have  approved  such  amendments,  the 
same  shall  be  valid,  to  all  intents  and  purposes,  as  part  of 
this  constitution."  x 

In  relation  to  the  proposed  amendment  of  the  constitu- 
tion, referred  to  in  the  communication  of  the  secretary, 
it  appears  that  the  same  was  proposed  by  a  vote  of  a  ma- 
jority of  the  House  of  Representatives,  duly  continued 
and  published,  and  passed  at  the  session  of  the  General 
Assembly  then  next,  by  a  vote  of  two-thirds  of  each 
house,  and  by  the  secretary  duly  transmitted  to  the  town 
clerks  of  the  several  towns.  Thus  far  the  provisions  of 
the  constitution  have  been  complied  with.  The  consti- 
tution however,  requires,  that  the  amendment  shall  be 
presented  to  a  town  meeting,  "  legally  warned  and  held 
for  that  purpose."  It  appears,  that  in  relation  to  a  por- 
tion of  the  towns,  no  vote  was  taken  on  the  proposed 
amendment;  and  in  relation  to  those  towns  where  votes 
were  taken,  it  does  not  appear  that  the  meeting  was 
warned  for  that  purpose  ;  and  if  in  the  case  of  any  town, 
a  meeting  were  so  warned,  as  there  was  no  provision  by 
law  for  warning  such  meeting,  the  committee  are  of 
opinion,  the  same  cannot  be  considered  as  having  been 
legally  warned.  They  are  therefore  of  opinion,  that  the 
votes  which  have  been  heretofore  given,  in  the  several 


PROPOSED    AMENDMENT    TO    THE    CONSTITUTION.  61 

town  meetings,  in  relation  to  this  amendment,  are  to  be 
rejected.  As  however  there  is  no  provision  by  the  con- 
stitution as  to  the  time  when  any  proposed  amendment 
shall  be  acted  upon  by  the  several  towns ;  and  as  the 
legislature  is  authorized  to  provide  by  law,  the  mode  of 
ascertaining  whether  such  amendment  has  been  approved 
by  a  majority  of  the  inhabitants  of  the  State,  in  town 
meeting  legally  assembled,  the  committee  are  of  opinion 
that  no  difficulty  exists  in  providing  by  law,  during  the 
present  session  of  the  General  Assembly,  for  submitting 
to  the  inhabitants  of  the  several  towns,  the  said  amend- 
ment in  pursuance  of  the  constitution  ;  and  if  the  same 
shall  be  approved  by  a  majority  of  the  electors  present 
in  the  several  towns,  in  town  meeting,  legally  warned, 
they  are  of  opinion  that  said  amendment  may  be  consi- 
dered as  part  of  the  constitution. 

In  accordance  with  these  views,  the  committee  have 
prepared  a  bill  for  a  public  act,  of  which  they  recom- 
mend the  passage. 

Which  is  respectfully  submitted,  per  order  of  the 
committee. 

JOHN  A.  ROCKWELL,  Chairman. 


PROPOSED  AMENDMENT  TO  THE  CONSTI- 
TUTION. 

At  a  General  Assembly  of  the  State  of  Connecticut, 
holden  at  Hartford,  on  the  first  Wednesday  of  May, 
eight  hundred  and  thirty- seven — 

Resolved  by  the  House  of  Representatives,  That  the  fol- 
lowing be  proposed  as  an  amendment  to  the  constitution 
of  this  State,  which,  when  approved  and  adopted  in  the 
manner  provided  by  said  constitution,  shall,  to  all  intents 
and^  purposes,  become  a  part  thereof,  viz  : 

Every  white  male  citizen  of  the  United  States,  who 
shall  have  resided  in  this  State  one  year,  attained  the 
age  of  twenty-one  years,  and  resided  in  the  town  in 
which  he  may  offer  himself  to  be  admitted  to  the  privi- 
lege of  an  elector,  at  least  six  months  preceding ;  and 
have  a  freehold  estate  of  the  yearly  value  of  seven  dollars, 
in  this  State  ;  or  having  been  enrolled  in  the  militia,  shall 
have  performed  military  duty  therein  for  the  term  of  one 
year  next  preceding  the  time  he  shall  offer  himself  for 
admission,  or  being  liable  thereto,  shall  have  been  by 


62  PROPOSED    AMENDMENTS    TO    THE    CONSTITUTION. 

authority  of  law,  excused  therefrom ;  or  shall  have  paid 
a  State  tax  within  the  year  next  preceding  the  time  he 
shall  present  himself  for  such  admission  ;  and  shall  sus- 
tain a  good  moral  character,  shall,  on  his  taking  such  oath 
as  may  be  prescribed  by  law,  be  an  elector. 

Resolved,  That  the  foregoing  proposed  amendment  of 
the  constitution  of  this  State,  be,  and  the  same  is  hereby 
continued  to  the  next  session  of  the  General  Assembly, 
to  be  holden  at  New  Haven,  on  the  first  Wednesday  of 
May  next,  and  that  the  said  proposed  amendment  be 
published  with  the  laws  passed  at  the  present  session. 

J.  C.  PALMER,  )  ni    1 

TT  [  Clerks. 

LEWIS  HYDE,  \ 

HOUSE  OF  REPRESENTATIVES,  1837. 

Passed — J.  C.  PALMER,  Clerk. 

House  of  Representatives,  May  5,  1838. — Laid  on 
table,  order  of  day  for  Tuesday  next. 

H.  DUTTON,  Clerk. 

Ordered  to  be  made  the  order  of  the  day  for  15th 
May,  at  2,  P.  M. ;  further  postponed  to  22d  May,  at  2, 
P.M. 

House  of  Representatives. — Passed  by  yeas  and  nays 
by  a  majority  of  two  thirds.  H.  BUTTON,  Clerk. 

In  Senate,  ayes  and  nays  taken,  and  passed  by  a  ma- 
jority of  two  thirds.  H.  T.  HUGGINS,  Clerk. 


ERRATA. — Page  32  at  the  the  close  of  the  30th  chap- 
ter add  "Approved  June  7th,  1839. 

WILLIAM  W.  ELLSWORTH." 


STATE  OF  CONNECTICUT,  ss. 
SECRETARY'S  OFFICE,  viz:  June  25th,  1839. 

I  HEREBY  CERTIFY,  That  I  have  compared  the  printed 
copy  of  the  acts  contained  in  this  pamphlet,  with  the 
original  acts,  as  engrossed  and  passed  by  the  Legisla- 
ture, and  find  the  same  to  be  correct. 

ROYAL  R.  HINMAN, 

Secretary  of  State. 


INDEX 


. 

A* 

PACKS. 

Arms,  owned  by  the  State,                    -         '.''  **,  ',  .,  3 

commanding  officers  liable  for,  when,              7  1 .  3 

in  what  case  arms  to  be  returned  to  arsenal,  j"  3 

act  concerning,  repeal  of,          -             -  ij '  32 

Amendment  of  constitution,  law  concerning,  .'  13 

Amendments  of  constitution,  **?„.          -  13,59,60,1,2 

Assessors,  &c.  omitting  to  sign  abstract,  returns,  &c.,  -  4 


B. 

&e&n<l 

Banks,                          -            -            -            .            .  4,  5,  6,  7 

Stamford  bank,                                         «  4 
debts  not  to  exceed  50  per  cent,  over  capital  stock,  <fcc  .,         4 

part  of  the  8th  section,  repeal  of,            »            •  5 

Tolland  county  bank,                 -                         -  5 

amendment  of  the  6th  section  of  the  charter,  &c.  5 

repeal  of  a  part  of  said  act,        -         '    I  '          .  5 

Plainfield  savings  bank,           P*?  (     ^'w     mtlfei  6 

privileges  and  powers  of,                                  *'**  7 

Bridgeport,  city  of,  limits  of,  altered,                -             .  8,  9,  10 
Bridges  and  highways,  towns  refusing  to  build,  how  to 

proceed,                  .  43 

* 


:<nnmv-.  ftc^>tti 


INDEX. 


c. 

City  of  Bridgeport,  incorporation  of,                   -  8,  10 

powers  and  privileges  of,  .                       8 

altering  limits  of  said  city,         •  9 

of  Hartford,  how  buildings  to  be  erected,  .                     11 

penalty  for  violation  of,  -                     12 

of  New  Haven,  to  secure  from  fire,         .  .                     12 

to  own  a  strip  of  flats  in  the  harbour,  &c.,  -                     12 

to  amend  the  charter  of  said  city,          .  .               12,13 

Clerks  of  courts,  •                     46 

Constitution,  amendments  of,                              -  13,  59,  60,  1,  2 

duty  of  constables  to  warn  meeting,      -  13 

duty  of  town  clerks  and  presiding  officers,  14 

who  to  count  votes,  &c.,            -             -  -  r                  14 

WMJ  •  iii  •/•'!  birr//  • 

forms  of  return  of  votes,          ,  f  .           .  -                     14 

votes  by  whom  canvassed,  &c.,               -  15 

Constables,  duty  of,                              •>•>,       .  '.  •                     *$ 
Courts,                                                   16,  29,  30,  32,  37,  38,  44,  46,  56 

superior  court  at  Haddam   on  4th  Tuesday  of 

August,  16,  44 

County  court,                  -'          -                          -  16,28,29,56 

if  judge  is  disqualified,  how  to  proceed,  -                     16 

if  judge  and  commissioners  disqualified,  how  to 

proceed,                  -  16 


D. 

Depositions,  to  be  taken  under  a  commission,  when,     •  17 
witness  refusing  to  appear  or  testify,  how  to  pro- 

ceed,      -..•••  ,t  .  .  17 

who  is  empowered  to  compel  witness  to  testify,  17 

fees  of  witness  in  certain  cases,  -  «'r  .  18 

Jyji:~(  :  .in 
O-    >'••>•(.  ,M.MKt    .ij     -UMII 

E. 


East  Lyme,  probate  district  of  v.  .         38,  25,  18,  19,  20 

East  Windsor,  confirming  doings  of  town  meeting,      -  25 


INDEX.  Ill 

Elections,         ....  18,  19,  20,  21,  22,  23 

East  Lyme,  how  and  where  to  vote  for  senators^  18,  19 

who  to  certify  votes  for  senators  and  how,  19 
form  of  re  turns  in  East  Lyme,            '  '-J  '                         19,  20 

Electors  meetings,  how  adjourned,  tl^/uv     '.yif-  *      c,-^".-  20 

to  adjourn  but  once  to  elect  representatives,      -  20 

Election  of  sheriffs  by  the  people,         -         •>?«»  "i         -  21 
if  no  choice  of  sheriff  on  1st  Monday  of  April, 

to  have  but  one  adjournment,         -  21 

plurality  to  elect  on  second  trial,                        -  21 

Electors,  names  of,  to  be  registered,                                -  22 

who  to  make  lists  of  voters,  &c.,        ^ .   •       ,T  t  22 

lists  of  names,  how  and  where  posted,  &c.,        ,.„  22 
town  clerk,  &c.,  when  to  be  in  session,             -               22,  23 

notice  of  session  of  board  how  given,                  -  22 
who  empowered  to  erase  names  of  unqualified 

voters,        -                          -             -             -  22 

penalty  for  giving  a  false  name,          •'.  .  23 

moderators' duty  in  receiving  votes,    17i"J          -  23 

check  book  to  be  kept  and  where  deposited,         .  23 

who  may  vote  on  days  of  election,      »I*>3f*fl       I'-Ji1'*  23 

town  clerks,  &c.  to  be  sworn,                              -  23 

Engine  companies,       -  -•"       ' '1(* r'  10,11 

Estates,  settlement  of,              -             -             -          -"w^m  24 
probate  courts  to  order  sale  of  real  estate  to  pay 

legacies,  when,                                -             -  24 
when  may  sell,  if  encumbered  by  dower  and 

mortgage,  24 

exempt  property  from  execution,          '  .^           .  18 
twenty.fi ve  bushels  of  charcoal,  two  tons  of  hard 

coal  &c.  to  be  exempt,                   j»_        ,.    -  . ,  18 

•  ..«•  • 

Executor  of  a  will,  being  judge  of  probate,  how  to  exe- 
cute said  will,                      .  39 
Execution,  property  exempt  from,        -             -  18 


M 
-  -  .          -      ,lo  «o!lih -q  trsba.r:-J[ 

Fairfield  county  sheriff  may  appoint  eleven  deputies,  46 

Fees  of  witnesses,         ••  ;         „•  .  .  cl  ^!  18 


IV  INDEX. 

Foe?,  of  probate  judge," 

in  criminal  cases, 
Fire  Engines  in  Bridgeport,  how  owned, 

damage  by  fire  in  Hartford, 
Firemen's  Benevolent  Society  in  Hartford, 

objects  and  powers  of, 
Flour,  how  put  up  for  sale, 
Fugitives,  how  tried,   - 


G. 

Gaols,  State's  Attornies  when  to  discharge  prisoners,  28 

Grand  jurors  when  to  complain,  &c.,                 .           '.  55 

Groton  probate  district,            -  39 


K. 

Habeas  Corpus  as  to  fugitives,  ...  29 

Hartford,  damage  by  fire,  &c.,  .  .          ,?-.-.-?  11 

Firemen's  Benevolent  Society  in  Hartford,      -*.*•_•  26 

Harwinton  town  meetings  confirmed,  -          -;•«  29 

Highways  and  bridges,  ....  .„  ^  43 

Housatonic  rail  road,  -  -  -  -  41,  42 


J. 

Judges,                          ...  .16, 45, 56 

Jury,  trial  by,               .             -         ''*&'  B<".'t*         .  29 

Jurors  in  Lyme  and  East  Lyme,           -  -  25 

Justices  of  the  peace,  when  to  complain,  .  4 

when  to  act  as  judges  of  the  county  court,        .  16 

when  may  not  tax  cost  of  counsel,  -             *.  44,  45 


Lands,  partition  of,  .  .  .  .  30 

Lien  on  buildings  by  mechanics,  ...  31 

Lyme,  entitled  to  13  jurymen,  ...  25 


«*• 


INDEX. 


B3 

Militia,  -  -  -  -  -  3,  32,  3,  4,  5,  6 

warrants  how  directed  to  collect  fines,              -  36 

appropriation  of  military  fines,              -  36 

who  shall  be  enrolled,  ....  33 
duty  of  captains,    colonels,  generals,  &c.,  to 

make  returns,         ....  33 
a  company  without  commissioned  officers,  how 

to  proceed,              -             -             -             -  34 

penalty  &c.  for  neglecting  to  make  returns,       -  34 

selectmen  neglecting  their  duty,  penalty  for,     -  34 

duty  of  quarter  master  general  as  to  State  arms,  34,  35 

arms  loaned,  storage  of  field  pieces,  harnesses,  <fec.,  35 

Millers,  duty  of  in  putting  up  flour,      ...  40,  41 

forfeiture  for  violation,               .             .             r  i  41 


New  Haven,  to  secure  from  fire,           ...  12 
to  amend  charter  of  New  Haven,        ••»*'          .               12,  13 

P. 

Partition  of  lands,  how  made,              .           O.^;t         -  30 

Paupers  of  State,  notice  &c.,  how  given,         -             .  37 

Plainfield  Savings'  Bank,         ....  Q 

Probate  courts,  in  what  case  to  apart  lands,                   .  30 
Probate  judge,  if  an  obligor  in  a  probate  bond,  how  to 

proceed,     -  37 

Probate  of  Redding,     -          -  ..."           *             .  3g 

Probate  of  East  Lyme,                          -  39 

Probate  of  Groton,       .             .             .  3g 

Probate  judge  executor  of  a  will,  may  execute  and  how,  39 

Probate  fees  regulated,         S-B"W         *         -^  s  .-  40 

Provisions  how  put  up  and  marked,      -             .         H>j  '»  40 


<*• 

Quarter  master  general,  duty  of,          .        -i«*v>.     -i««*>  •  3 

selectmen  to  report,  &c.,          -  3 


VI  INDEX. 


R. 

Rail  road,  Housatonic,              i '             •  41 

two  commissioners,  their  duty  and  pay,  &c.,    •*!;:  41 

may  issue  notes,  assignable,  &c.,                    (.'.?«-j^  41, 2 

Redding  probate  district,                      -                          -  38 

Registration  of  names  of  electors,       .             -         ..-••-'to  22 

Repeal  of  laws,  5,  16,  21,  24,  29,  32,  36,  43,  46,  56,  58 

Roads,  commissioners  of  county  court  when  to  act  as 

judge,        -  56 

toll  for  sheep,  swine,  and  one  horse  wagons,     -  57 


S. 

Salaries  and  fees  in  criminal  cases,      -  44,  5 

in  probate  courts,  -  -          ;  . "  40 

Schools,  -  46, 7, 8, 9,  50 

committee  neglecting  to  enumerate  children  how 
to  proceed,  T  rrt  j 

form  of  certificate,        -  -         .,  7.:|- 

compensation  and  pay  for  enumerating, 

powers  of  school  societies, 

no  district  formed  of  less  than  forty  children, 

duty  of  committee  in  forming  a  district, 

school  districts  bodies  politic,    -  l  t*ij3 

meetings  of  districts  when  and  where  held,  no- 
tice, &c.,  -  -  -  '  °il  J 

meetings  how  warned,  -  -1  ' 

who  to  vote  for  officers, 

duties  of  new  officers, 

powers  of  districts  to  employ  teachers,  &c., 

power  of  taxing,  and  how  collected,     - 

duty  of  visiters,  &c.,     -  -  lot'     2'*jp  : 

requisites  before  a  teacher  enters  a  school, 

duty  of  school  teachers, 

school  societies,  powers  of,       - 

contingent  expenses  how  paid,  :    • 

union  districts  how  formed,       .          .  - 

to  have  corporate  powers,  &c., 


INDEX.  Vll 

Schools,  annual  meeting  when  held,  what  notice,       -al.vu  52 
powers  of  voters  in  union  districts,     ><*».  i      ;!»••: o  52 
union  district  committee,  and  their  power,      ;>-••-»<,  53 
what  school  money  for  union  district,  &c.,         -  53 
visiters  of  union  districts,                      -  53 
poor  children  and  their  privileges,          -  53 
governor  to  fill  vacancies  in  board  of  commis- 
sioners,     .             -'            .         «><>*     i-if'lf-  54 
failure  of  visiters  to  make  returns,  provided  for,  54 
Selectmen,  duty  of,      -                          -                               3,  34,  37,  55 
in  Bridgeport,  duty  of,            io^ht         .          roil*.  9 
Senators,  how  voted  for  in  East  Lyme,          •   .             -  19 
Sheriff  of  Fairfield  may  appoint  eleven  deputy  sheriffs,  46 
Sheriffs,  election  of,                   -             -             -             -              21,  29 
Silk,  act  concerning,  repeal  of,             -             -             -  43 
Stamford  bank,  regulation  of,                 -             -             ".  4 
State  paupers,  how  supported,  &c.         •             -           *.\  37 
State's  attorney,  when  may  discharge  prisoner  from  gaol,  28 
Superior  court,  when  may  tax  costs  of  counsel,              -  44 
when  to  sit  at  Haddam,             -  16 
Surplus  fund  of  the  United  States,  safe  keeping  of,         -  27 
provisions  of  said  act,                 .             .  '•         .                27,8 
Spiritous  liquors,  when  and  how  sold,                ^             -  55 
towns  to  govern  sale  of  liquors,              «             -  55 
who  may  sell  to  be  drank  in  shop,  house,  &c.  55 
penalty  for  violation,     •  55 
duty  of  selectmen  and  grand  jurors,       -         '  -W.  •  55 


T. 

Taxes,                                                      ..  '          .           'I  4,  49,53 

Toll  on  turnpike  roads,             ....  57 

Tolland  county  bank,                ....  5 

Towns,  doings  of,  confirmed,              ^'V          -             -  4 

Town  clerks,                 •             -             .             .             .  14  22,  3 

meetings  in  East  Windsor,  confirmed,    .            .  25 

in  Harwinton,                           do.           .             .  29 

Treasurer  of  State  to  execute  release  deeds,                 .  28 


Vlll  INDEX. 

Turnpike  roads,            -             ....  56,  57 

toll  for  sheep  and  swine,            ...  57 

toll  on  one  horse  wagons,         •  57 

W. 

Witness  to  testify  under  a  commission,  when,  17 

fees  of  witness  in  such  case,  -  -  18 

fees  in  criminal  causes,  -  -  'jViri  44,45 

Worthington,  borough  of,  -  -  ,.%>h  58 

alteration  of  the  bounds  of  said  borough,  -  58 


PUBLIC     ACTS 


OF    THE 


STATE   OF    CONNECTICUT, 


PASSED  MAY  SESSION,  1840. 


PUBLISHED    AGREEABLY    TO    A   RESOLVE    OF   THE    GENERAL   ASSEMBLY, 

UNDER    THE    SUPERINTENDENCE    OP    THE 

SECRETARY  OF  STATE. 


0tate  of  {ftonnatirat,  00 : 

OFFICE  OF  THE  SECRETARY  OF  STATE,  JUNE,  1840. 


HARTFORD : 

PRINTED  BY  CASE,  TIFFANY  &  CO.,  PEARL  STREET 

1840. 


PUBLIC  ACTS. 


CHAPTER    I. 


An  Act  in  relation  to  Agricultural  Societies. 

SECT.  1 .     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  Every 
incorporated  County  Agricultural  Society  now  existing, 
or  which  may  be  hereafter  incorporated  in  the  manner 
hereinafter  specified,  which  shall  have  raised  by  contri- 
bution or  'tax  upon  individuals,  not  less  than  the  sum  of  detiesUUtodeach 
one  hundred  dollars  in  any  one  year  to  be  thereafter  ex-  Ji^"13^™^  er|: 
pended  for  the  uses  of  the  Society,  during  the  then  cur-  ceed  $200  out  of 
rent  year,  shall  be  entitled  to  receive  in  the  month  of  annually ^nTon 
September  of  that  year,  out  of  the  Treasury  of  the  State,  what  conditions, 
a  sum  equal  to  the  amount  so  raised  by  said  Society  : 
Provided,  that  no  such  society  shall  receive  from  the 
treasury,  more  than  the  sum  of  two  hundred  dollars  in 
any  one  year. 

SECT.  2.    The  County  Treasurer  of  each  county  in 
this  State,  in  which  there  is  now  existing  no  incorpora- 
ted Agricultural  Society,  shall  notify  a  public  meeting  County  Treagur, 
to  be  held  at  such  place  as  he  may  direct,  in  the  county  er  to_caii  county 
town,  or  one  of  the  county  towns  of  such  county,  on  the  an^wife^-^pu6" 
fourth  Monday  of  August  next,  to  form  County  Socie-  P0860*"' &c- 
ties  for  the  purpose  specified  in  this  act,  and  all  the  resi- 
dents in  such  county,  who  shall  attend  at  the  time  and 
place  aforesaid,  shall  be  and  they  are  hereby  empower- 
ed (if  they  see  fit)  to  form  themselves  into  such  a  socie- 
ty, and  upon  complying  with  the  provisions  of  this  act, 
shall  be  a  body  politic  and  corporate ;  may  choose  a 
President  and  other  officers;  may  enact  by-laws  regula- 
ting the  affairs  of  such  corporation,  not  inconsistent  with 
the  laws  of  this  State,  and  compel  the  due  observance 


AGRICULTURE. 


thereof  by  suitable  penalties ;  may  sue  and  be  sued,  and 

do  all  things  necessary  for  the  well  ordering  of  the  affairs 

of  the  corporation :  Provided,  that  before  any  such  cor- 

TO  lodge  with  poration  shall  be  entitled  to  the  privileges  of  this  act, 

secretary  of      they  snall  lodge  with  the  Secretary  of  this  State  a  copy 

State  a  copy  of      .,  J.     .  .    ,»        -  .  9  rJ 

articles  of  corpo.  or  their  articles  or  corporation. 

SECT.  3.    Every  Agricultural   Society  which  shall 

Agricultural  so-  c^m  tne  sa'^  allowance  out  of  the  public  treasury,  shall, 

cieties,  how  and  in  the  month  of  September  annually,  file  in  the  office  of 

returns  to  s'ecre-  the   Secretary  of  State,  a   certificate   signed   by  the 

tary,  under  oath,  president  and   Treasurer   of  said   Society,  specifying 

under  oath,  the  sum  actually  raised  by  said  Society  as 

aforesaid.     And  the  Comptroller  of  public  accounts  is 

hereby  authorized  and  directed  to  draw  an  order  on 

the  Treasurer  in  favor  of  said  Society,  for  the  sum  to 

which  such  Society  may  be  entitled. 

SECT.  4.    Every   Agricultural   Society  which   shall 
receive  the  said  allowance  from  the  Treasury  of  the 
turai  "slues'  State,  Sna^  on<er  annually,  by  way  of  premiums, or  shall 
as  to  premiums;  other  wise  apply  at  their  discretion  for  the  encourage- 
— toXwhomUra-  ment  or  improvement  of  agriculture  or  manufactures,  the 
warded,  &c.       whole  amount  so  received  from  the  State,  together  with 
an  equal  amount  received  from  the  contributions  or  taxes 
of  individuals.     And  said  society  shall  also  transmit  to 
the  office  of  the  Secretary  of  State,  in  the  month  of  Jan- 
uary annually,  a  statement  of  their  proceedings  in  rela- 
tion to  the  expenditures  of  such  money,  specifying  the 
nature  of  the  encouragement  proposed  by  the  Society, 
and  the  objects  for  which  the  premiums  have  been  offer- 
ed, and  to  whom  they  were  awarded:  Provided,  that 
all  money  offered  for  premiums  which  shall  not  be 
awarded  or  paid,  shall  be  placed  in  the  hand?  of  the 
Treasurer  of  the  Society,  to  be  expended  in  like  man- 
ner for  promoting  its  objects. 

SECT.  5.  The  notice  to  be  given  by  the  county  Treas- 

Notice  by  county  urer  as  required  in  the  second  section  of  this  act,  shall 

Tourer,  how  be  by  a  publication  thereof  in  a  newspaper  printed  in 

the  county  where  such  meeting  is  to  be  held,  or  if  none 

be  printed  in  such  county,  then  in  a  newspaper  printed 

in  an  adjoining  county,  which  publication  shall  be  for 

two  successive  weeks  previous  to  such  meeting. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


ASSESSORS. 


CHAPTER    II. 

An  Act  in  addition  to,  and  alteration  of  an  Act  entitled 
"  an  Act  for  the  Assessment  of  Taxes." 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That 
whenever  any  person  or  corporation,  to  whose  list  the 
Assessor  or  Assessors  of  any  town,  shall  have  made  ad- 
dition for  any  moneys  or  debts  at  interest,  pursuant  to 
the  Statute  in  such  case  provided,  enacted  in  the  year 
1836,  shall  appeal  to  the  Board  of  Relief  for  such  town, 
if  such  person  or  the  agent  of  such  corporation,  for,  and  the  Board  of  Re- 
in behalf  of  the  same,  shall,  before  said  board,  make  oath  h 
or  affirmation  regarding  his,  or  their  moneys  and  debts 
on  interest  respectively,  and  shall  answer  all  proper  in- 
terrogatories relating  thereto  ;  such  disclosures  so  made, 
shall  be  deemed  conclusive,  unless  the  same  shall  be 
rebutted  by  other  evidence  given  before  said  board, 
when  said  party  assessed  shall  be  present,  or  shall  have 
had  reasonable  notice  to  be  present. 

SECT.  2.    That  so  much  of  said  Statute  as  is  incon- 
sistent herewith,  be,  and  the  same  is  hereby  repealed. 

Approved  June  5th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    III. 

An  Act  confirming  the  doings  of  the  Assessors  and 
Board  of  Relief  in  certain  cases. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  several 
provisions  of  the  act  passed  in  1836,  entitled  "  an  act 
in  addition  to  an  act  entitled  an  act  confirming  and  es- 
tablishing the  doings  of  the  assessor  or  assessors  in  cer- 
tain cases,"  passed  in  1829,  and  of  the  act  entitled  "  an 
act  to  confirm  the  doings  of  the  Assessors  and  Board  of 


CIVIL    ACTIONS. 


£  Relief,"  passed  in  1837,  be,  and  the  same  are  hereby  re- 
and  board  enacted  and  extended  to  all  cases  to  which  the  same 
would  be  applicable,  if  said  acts  were  now  first  enacted. 
Provided,  That  no  claim  which  is  the  subject  of  any 
suit  or  action  now  pending,  shall  be  in  any  manner 
affected  by  the  provisions  of  this  act. 

Approved  June  4th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    IV. 

An  Act  in  addition  to  the  Act  entitled  "  an  Act  for  the 
regulation  of  Civil  Actions." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  from  and 
after  the  first  day  of  August,  1840,  whenever  any  per- 
The  time  when  sonal  estate  of  a  debtor  is  taken  on  warrant  or  execu- 
tjnihaii1  ber^I  tion» tne  officer  shall  advertise  and  post  the  same,  with 
ed  and  sold  on  particular  account  thereof,  on  the  sign  post  in  the  socie- 

execution.  *.  .  i,  11/1  • 

ty  where  taken,  to  be  there  sold  (unless  some  other 
place  is  designated  pursuant  to  law)  at  public  vendue, 
at  the  end  of  twenty-one  days,  specifying  the  day  of  the 
month  when  the  sale  is  to  take  place  ;  and  in  computing 
the  time  aforesaid,  the  day  on  which  the  property  is 
posted  shall  be  included,  and  the  day  specified  for  the 
sale  shall  be  excluded  from  the  computation. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


BANKS. 


CHAPTER   V. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  to  incor- 
porate the  Jewett  City  Bank." 

"Whereas  the  Bank  Commissioners  have  made  their 
Report  to  this  General  Assembly,  showing  that  the 
Directors  of  the  Jewett  City  Bank,  are  so  managing 
and  conducting  the  same,  that  the  interests  of  the  stock- 
holders, as  well  as  the  security  of  the  public,  are  endan- 
gered: Therefore, 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  Bank 
Commissioners  be,  and  they  hereby  are  authorized  to  Bank 

r  /i  iiii  c        •  -i  i        i  u    "oners,  when  to 

call  a  meeting  01  the  stockholders  ot  said  bank,  at  such  can  a  meeting  of 
time  and  place  as  said  Bank  Commissioners  shall  direct;  ^!howC^OIg\v™ 
they  giving  public  notice  thereof  by  advertising  the  same  ^ockhold^reean0d 
in  the  newspapers  printed  in  the  town  of  Norwich,  at  present  director* 
which  meeting,  such  stockholders  shall  be,  and  they 
hereby  are  authorized  to  appoint,  not  more  than  eleven 
nor  less  than  nine  directors  of  said  bank,  who  shall  be 
authorized  to  enter  upon  the  performance  of  the  duties 
of  such  office,  and  that  upon  such  appointment,  so  made 
as  aforesaid,  the  powers  of  the  present  directors  of  said 
bank  shall  cease,  and  they  shall  no  longer  have  authori- 
ty to  act  as  such,  excepting  only  as  they  shall  be  ap- 
pointed at  such  meeting*  of  said  stockholders,  so  to  be 
held  as  aforesaid. 

SECT.  2.  Be  it  further  enacted,  That  if  in  the  opin- 
ion of  the  Bank  Commissioners,  the  public  or  the  stock- 
holders  of  the  Jewett  City  Bank,  are,  or  at  any  time 
hereafter  shall  be  in  danger  of  being  defrauded  by  the  management  of 
mismanagement  of  said  bank  and  its  funds,  by  any  per-  ^wer'fof 'com* 
son  or  persons,  having  the  direction  or  control  thereof,  ™'meyneforr^ 
said  Commissioners,  or  the  Attorney  of  the  State  for  the  stateofthecoun- 
county  of  New  London,  on  the  information  of  said  Com-  Aoa^aay1^. 
missioners,  shall  forthwith,  prefer  a  complaint  to  the 
Superior  Court  for  said  county,  if  in  session,  or  to  a 
Judge  of  the  Superior  Court  in  vacation,  stating  the 
grounds  of  such  complaint,  and  praying  that  said  bank, 
and  all  persons  having  the  direction  or  control  thereof, 
may  be  enjoined  from  farther  proceedings  in  their  busi- 
ness, either  wholly  or  to  such  extent  as  such  Commis- 


BANKS. 


sioners  or  Attorney  on  their  information,  shall  deem 
necessary,  and  for  such  farther  action  of  the  court  or 
judge,  as  the  exigency  of  the  case  may  require.  And 
thereupon  said  Superior  Court,  or  said  judge  in  vaca- 
tion, may,  if  it  shall  appear  to  such  court  or  judge,  to  be 
necessary  for  the  safety  of  the  public  or  the  stockholders 
of  said  bank,  forthwith  issue  a  writ  of  injunction  to  the 
President,  Directors,  Cashier  and  other  agents  of  said 
bank,  enjoining  them  from  proceeding  in  transacting  the 
business  thereof,  to  such  extent  as  such  court  or  judge 
shall  deem  necessary.  And  said  court  or  judge,  shall 
cause  notice  of  said  proceedings  and  a  citation  to  be  issu- 
ed and  served  on  said  bank,  and  the  person  or  persons, 
having  the  direction  or  control  thereof  as  aforesaid, 
commanding  them  to  appear  before  such  court  or  judge, 
in  manner  and  form,  and  for  the  purposes  provided  in 
the  14th  section  of  the  act  entitled  "  an  Act  concern- 
ing Banks,"  and  may,  after  hearing  the  parties  interest- 
ed, dissolve  such  injunction,  or  continue  the  same,  and 
exercise  in  regard  to  said  bank,  as  the  exigency  of  the 
case  may  in  the  opinion  of  such  court  or  judge  require, 
all  the  powers  conferred  by  the  section  aforesaid.  And 
whenever  any  of  the  powers  aforesaid,  shall  be  exer- 
cised by  a  judge  of  the  Superior  Court  in  vacation,  the 
proceedings  in  said  case  shall  be  returned  to  the  Supe- 
rior Court  for  said  county,  at  the  next  following  term 
thereof,  there  to  be  further  proceeded  with  in  the  same 
manner  as  if  the  same  had  been  originally  commenced 
in  such  court. 

SECT.  3.  Be  it  further  enacted,  That  so  much  of  the 
provisions  of  the  charter  of  said  bank,  as  is  inconsistent 
with  this  act,  be,  and  the  same  is  hereby  repealed. 

SECT.  4.  And  be  it  further  enacted,  That  this  act 
shall  take  effect  from  the  passage  thereof. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   VI. 


An  Act  in  addition  to  "  an  Act  concerning  Banks." 

SECT.  1.    BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  no  J^1  stock  |" 

.ic  i        i    •       i  •     <M  •  »•      '      i   i  banks    may  not 

stock  or  any  bank  in  this  Mate,  that  is  transferred,  hypo-  be  voted  on  at  a 
thecated  or  pledged  to  any  such  bank,  or  to  any  person  howersg.ofl 
in  trust  for  such  bank,  or  is  held  in  trust  or  owned  by  any 
other  banking  incorporation,  shall  be  voted  on  at  any 
meetings  of  the  stockholders  of  such  bank. 

SECT.  2.    Whenever  by  the  charter  of  any  bank  the  gnares  Of  stock 
number  of  shares  of  stock  in  the  same,  to  be  held  by  any  limited,  if  held  m 

.  .  •  i     11    i         i-      ••      i     trust — how     to 

person,   copartnership  or  corporation  shall  be  limited,  vote  on    such 
if  any  of  the  stock  of  such  banks  shall  be  held  in  trust  shares- 
for  any  person,  copartnership  or  corporation,  such  num- 
ber only  of  said  shares  so  held  in  trust  as  aforesaid,  shall 
be  voted  upon,  as  will,  with  the  shares  held  by  such  per- 
son, copartnership  or  corporation  in  his  or  their  own 
name,  equal  the  number  so  limited  by  such  charter. 
Any  person  who  shall  vote  upon  any  shares  of  stock  in  Penalty  for  vio- 
any  bank,  in  violation  of  the  provisions  of  this  act,  shall  |f0unon  of  w  ** 
be  disqualified  from  holding  any  office  in  such  bank,  for 
the  term  of  one  year  thereafter. 

SECT.  3.    No  person  shall  be  entitled  to  vote  at  any 
meeting  of  the  stockholders  of  any  bank  in  this  State,  as  No  attorneyf 
the  attorney,  proxy  or  agent  of  any  other  person,  copart-  proxy  or  agm 

,.  /'V  ,-.•       c-,i  J  c       .1  shall  vote,  &c. 

nership  or  body  politic,  without  a  power  for  that  purpose  without  a  power 
duly  executed,  and  on  which  power  shall  be  indorsed  £SSS£3 
the  oath  or  affirmation  of  the  person  or  of  one  of  the  co-  on  such  power, 
partners,  or  of  the  agent  or  attorney  of  the  body  politic, 
granting  such  power,  in  the  words  following,  to  wit : — 
"  I  do  solemnly  swear  (or  affirm  as  the  case  may  be) 
that  I  am,  (or  that  the  copartnership,  consisting  of  my- 
self and  are  ;  or  that  the  corporation  known 
by  the  name  of  is,  as  the  case  maybe)  truly 
and  in  good  faith,  the  owner  (or  owners,  as  the  case  may 
be)  of  the  shares  in  the  capital  stock  of  the  bank  of,  (as 
the  case  may  be)  specified  in  the  within  power  of  attor- 
ney, and  that  no  other  person  has  any  interest  in  said 
shares,  directly  or  indirectly,  except  as  stated  in  said 
power ;"  which  oath  or  affirmation  may  be  taken  before  ., 

r  .     ,         .  f,  ^.  J     ,  ,.  ,     ,,    Who  to  adminta- 

a  judge,  justice  of  the  peace  or  notary  public,  who  shall  ter  oath. 
2 


10  BANKS. 

certify  the  same  :  and  whenever  at  any  meeting  of  the 
stockholders  of  any  bank  in  this  State,  it  shall  be  claim- 
ed by  a  stockholder,  that  any  other  stockholder  has  no 
right  to  vote  on  the  stock  on  which  he  offers  to  vote, 
such  stockholder  shall  not  be  permitted  to  vote  on  such 
stock  until  he  has  lodged  with  the  presiding  officer  of 
how«  shau°f»e  said  stockholders'  meeting,  an  affidavit  by  him  subscrib- 
howaffidavit>  and  ec^»  made  m  tne  manner  prescribed  in  the  foregoing 
section  of  this  act,  except  that  in  lieu  of  the  words  "  as 
stated  in  this  power,"  used  in  said  section,  the  stock- 
holder so  offering  to  vote,  shall  state  the  character  and 
amount  of  the  intetest  (if  any)  owned  by  any  other  per- 
son, copartnership  or  body  politic  in  such  stock. 

SECT.  4.    The  directors  collectively,  of  any  bank  in 
this  State,  shall  not  be  indebted  to  such  bank  on  notes 
HOW  much  di-  and  bills  discounted  at  such  bank  for  their  benefit,  or  for 
inde°brtedntoyany  the  benefit  of  any  or  either  of  them,  to  an  amount  exceed- 
ing one  third  of  the  capital  stock  of  such  bank  actually 
paid  in  :  Provided  however,  that  nothing  herein  contain- 
ed, shall  be  so  construed  as  to  extend  or  increase  the 
amount  for  which  any  director  of  any  bank  may  be  in- 
debted or  liable  to  such  bank,  as  the  same  is  limited  by 
the  3d  section  of  the  act  in  addition  to  an  act  entitled 
"  an  act  concerning  banks,"  passed  in  the  year  1838 : 
Non-residents      an<J  no  person  not  a  resident  of  this  State,  shall  be  eligi- 
tore  £  anVbMk  ^e  or  qualified  to  act  as  a  director  of  any  bank  in  this 

in  this  State.          State. 

SECT.  5.  Be  it  further  enacted,  That  the  first  sec- 
{toTS^ISSS  tion  of  an  act>  entitled  "an  act  relative  to  incorporated 
relative  to  incor-  banks,"  empowering  the  several  banks  in  this  State  to 

porated  banks."      •  .     . 

issue  post  notes,  be,  and  the  same  is  hereby  repealed. 
Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    VII. 


An  Act  in  addition  to  "  An  Act  to  incorporate  the 
Windham  County  Bank." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the  directors 


1  1 


e™'re. 


of  the  Windham  County  Bank,  be,  and  they  are  hereby  . 

empowered  to  reduce  the  capital  stock  of  said  Bank,  to  face  the  capital 
a  sum  not  less  than  seventy-five  thousand  dollars,  exclu- 
sive of  what  is  or  may  be  invested  therein  by  this  State, 
and  of  such  subscriptions  as  are  authorized  by  the  act 
incorporating  said  bank,  and  to  adopt  such  measures  for 
effecting  the  same  as  the  interest  of  the  bank,  and  of 
the  public  may  require  —  Provided,  That  such  reduc- 
tion shall,  in  the  first  instance,  be  effected  from  the  stock  ^onstoc- 
owned  by  said  bank,   and  that  no  stockholder,  shall  be  ed  by  said  Bank. 
required   to  release  his  stock  in  said  bank  without  his 
consent.  ,-' 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    VIII. 


An  Act  in  further  addition  to  "  an  Act  concerning  Book 
Debts." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  convened,  That  the  action  of 
book  debt,  subject  to  the  same  regulations  and  restric-  bookhedebt10ma°/ 
tions  as  are  now  by  law  provided  for  such  action,  shall  be  ^rusrof 
a  remedy  concurrent  and  co-extensive  with  the  action  S^*""1  lands' 
of  general   assumpsit   for  the   use  and  occupation   of 
houses,  lands,  tenements,  or  other  real  estate. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


12  CIVIL    ACTIONS. 


CHAPTER   IX. 

An  Act  in  addition  to  an  Act  for  the  Regulation  of  Civil 
Actions. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  reports 
°^  tnc  judicial  decisions  of  other  States  and  Countries, 
other  states,       may  be   judicially  noticed  by  the  Courts  of  this  State, 

when  to  be  evi-  •  j  /•  IL  i  c          L     c«A 

deuce  in  this     as  evidence   of  the  common   law  of  such  fetates   or 
Btsae-  Countries,  and  of  the  judicial  construction  of  the  Stat- 

utes, or  other  laws  thereof. 

Approved  June  5,  1840. 

WILLIAM  W.  ELLSWORTH, 


CHAPTER    X. 

An  Act  in  addition  to  the  Act  entitled  "  An  Act  con- 
cerning Crimes  and  Punishments." 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of 

Representatives  in  General  Assembly  convened?  That  nr> 

writs  of  error  to  writ  of  error,  brought  to  reverse  the  judgment  rendered 

mem  for  any  ca£  upon  a  conviction  for  any  capital  offence,  shall  supersede 

^!enffetoc<bl       the  execution  of  such  judgment  or  sentence,  unless  the 

brought,  &c.       same  shall  be  made  returnable  to  the  first  term  of  the 

Supreme  Court  of  Errors  next  succeeding  the  rendition 

of  such  judgment,  to  which  by  law,  the  same  can  be 

made  returnable,  or  unless  the  same  shall  be  signed  and 

allowed  by  such  judges  of  said  Court  as  shall,  at  the 

time  of  such  allowance,  constitute  a  majority  of  said 

Court,  qualified  to  act  therein. 

SECT.  2.  Whenever,  by  reason  of  the  pendency  of 
tio™eof°suchecu  suc^  w"t  °^  error»  duly  allowed  and  served,  such  judg- 
judgment— who  ment  or  sentence  shall  not  be  executed  at  the  time  as- 
exe?ution.w&c.°f  signed  therefor  by  the  Superior  Court  rendering  the 


COURTS.  13 

same,  and  said  judgment  shall  not  be  reversed  on  such 
writ  of  error,  said  Supreme  Court  of  errors,  after  the 
final  determination  of  such  writ  of  error,  whether  by 
judgment  of  affirmance,  discontinuance,  or  otherwise, 
shall  fix  and  appoint  the  time  for  the  execution  of  such 
judgment  or  sentence,  and  the  clerk  of  said  Court  shall 
issue  a  writ  of  execution  therefor,  pursuant  to  the  order 
of  said  Supreme  Court  of  errors. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XI. 


An  Act  in  addition  to  "  an  act  for  constituting  and  regu- 
lating courts,  and  for  appointing  the  times  and  places 
of  holding  the  same." 

BE  it  enacted  by  the  Senate  and  House  of  Representa-  westbrook  a 
lives  in  General  Assembly  convened,  That  the  town  of  bate  °disufctprof 
Westbrook  shall  be,  and  constitute  a  part  of  the  probate 
district  of  Say  brook. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XII. 

An  Act  prescribing  the  duties  of  Clerks  of  the  County 
and  Superior  Courts,  in  certain  cases. 

BE  it  enacted  by  the  Senate  and  House  of  Representa-  Duty  ofcierksof 

lives  in   General  Assembly   convened,  That   whenever  co£nty0courtL  to 

any  person  shall  be  sentenced  by  the  County  or  Superi-  fyaVden  of  state 

or  Courts,   to   commitment  in    the   Connecticut   State  Prison,  of  an  sen 

Prison,  it  shall  be  the  duty  of  the  Clerks  of  said  Court,  Prison  tamedi- 

to  give  immediately  after  the  rising  of  said  Courts,  no-  ^'ng  oftc8aidtlie 

tice  of  such  sentence,  by  mail,  to  the  Warden  of  said  courts. 
Prison. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


14  COURTS. 


CHAPTER    XIII. 

An  Act  in  alteration  of  an  act  entitled  "  an  Act  for  con- 
stituting and  regulating  Courts,  and  for  appointing 
the  times  and  places  of  holding  the  same." 

SECT.  I .     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the 
omratfo^call1  present  Probate  District  of  Stratford,  shall  hereafter  be 
fr1ctProfaBridgt  ca^6(^    an<^   known  by  the  name   of  the  Probate  Dis- 
port. "   trict  of  Bridgeport. 

SECT.  2.  That  the  town  of  Stratford,  be.  and  the 
approbate  "ofs-  same  is  hereby  constituted  a  Probate  district  by  the 
in".  name  of  the  Probate  district  of  Stratford.  Provided, 

however,  that  all  matters  and  business  begun  and  enter- 
ed in  the  Court  of  Probate  for  the  former  district 
of  Stratford,  shall  be  completed  therein  in  the  same 
manner  as  though  this  act  had  not  been  passed  ;  and 
provided,  also,  that  the  books,  papers,  files,  records  and 
effects  of  the  original  district  of  Stratford,  shall  be  and 
remain  in  the  district  of  Bridgeport. 

SECT.  3.  That  so  much  of  the  act  of  which  this  is 
an  alteration,  as  is  inconsistent  herewith,  be,  and  the 
same  is  hereby  repealed. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XIV. 


An  Act  in  alteration  of  an  Act  entitled  "  an  Act  for 
constituting  and  regulating  Courts  and  for  appointing 
the  Times  and  Places  of  holding  the  same." 

SECT.  1 .     BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the 


COURTS.  15 

County  Court  within   and  for  the   county  of  Fairfield,  !j™eer?0fr  h^ing 
shall  hereafter  be  holden  on  the  second  Tuesday  of  Au-  County    courts 
gust,  at  Danbury  in  said  county,  and  on  the  last  Tuesday  ty.  ai 
of  December,  at  Fairfield,  in  said  County  ;  and  the  Su- 
perior Court  within  and  for  said  County  shall  hereafter 
be  holden  on  the  fourth  Tuesday  of  September,  at  Dan- 
bury  in  said   County,  and  on  the  second   Tuesday   of 
February  in  Fairfield,  in  said  County,  instead  of  the 
times  now  fixed  by  law  ;  and  so  much  of  the  act  afore- 
said as  appoints  the  times  of  holding  said  County  Court 
on  the  first  Tuesday  of  January,  and  the  times  of  hold- 
ing said  superior  Court  on  the  last  Tuesday  of  October, 
and  on  the  Tuesday  next  following  the  first  Monday  of 
April,  is  hereby  repealed. 

SECT.  2.     Be  it  further  enacted,,  that  all  suits,  mat-  A11  suitg  now 
ters  and   causes,  now  pending  in,  or  returnable  to,  or  pending  or 

,  .    ,       ,     „  .  «  .  ,H        ',  brought     within 

which  shall,  at  any  time  within  the  next  twenty  days  20  days  after  the 
after  the  rising  of  this  Assembly,  be  made  returnable  to  sem^yftobetri- 
said  County  or  Superior  Courts  as  now  established,  shall  ea  in  said  courts. 
be  entere  1  and  proceeded  with,  at  the  next  terms  of  said 
County  or  Superior  Courts  respectively  as  herein  estab- 
tablished,  in  the  same  manner  as  if  the  times  of  hold- 
ing said  Courts  had  not  been  altered. 

Approved  June  4,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XV. 

An  Act  concerning  the  Supreme  Court  of  Errors. 

SECT.  1.     BE  it  enacted  l>y  the  Senate  and  House  of  of  Errors  for 
Representatives  in  General  Assembly  convened,  That  the  wfam  to  be  hold- 
next  session  of  the  Supreme  Court  of  Errors,  in   the  en- 
county  of  Hartford,   be  holden  in  said  County  on  the 
first  Tuesday  of  July,  1840,  instead  of  the  time  now  by 
law  prescribed  for  that  purpose. 

SECT.  2.     All  process  made  or  to  be  made  returnable  ^"  0Cro^ss  aff; 

i  *  (*  i    t~\  i  /»  i         i  i          lunjcQ     io 

to  the  session  or  said  Court,  as  heretofore  by  law,  to  be  court  as  of  the 
holden  on  the  second  Tuesday  of  June,  1840,  and  all  jUne,"&4<Mobe 
business  or  matters  pending  before  said  Court,  shall  be  couft  bon  su!e  ist 

Tuesday  of  July, 
1810. 


16  CITIES. 

proceeded  with,  heard  and  determined  at  said  session, 
to  be  holden  on  said  first  Tuesday  of  July,  1840. 

SECT.  3.     This  act  shall  be  in  force  from  the  time  of 
the  passage  thereof. 

Approved  June  8,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XVI. 

An  Act  to  amend  the   Charter  of  the  City  of  New- 
Haven. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  the 
Court  of  Common  Council  of  the  city  of  New-Haven, 
rowers  of  the  shall  have  power  from  time  to  time,  as  public  conven- 
S?™fmc°i?y  ofUN~  ience  may  require,  to  designate  and  fix  the  width,  course, 
Steveguttersr&c  heigh th  and  level  of  gutters,  in  and  upon  the  streets  and 
highways  in  said  city,  and  to  cause  the  same  to  be  paved, 
and  to  order  so  much  of  the  expense  thereof,  as  they  may 
deem  just  and  reasonable  to  be  paid  out  of  the  city  treas- 
ury, and  the  residue  by  the  adjoining  proprietors ;  and 
the  several  provisions  of  the  act  entitled  "  an  act  regula- 
ting the  side  walks  in  the  cities  of  Hartford,  New-Haven 
and  Middletown,"  are  hereby  extended  to,  and  shall 
govern  the  proceedings  of  said  Court  of  Common  Coun- 
cil in  relation  to  gutters,  except  so  far  as  the  same  may 
be  inconsistent  with  the  provisions  of  this  act. 

Proviso  as  to  its       Provided  nevertheless,  That  this  act  shall  not  be  in 
force-  force  unless  the  same  shall  be  assented  to  by  the  Mayor, 

Aldermen,  Common  Council,  and  Freemen  of  said  city, 
at  a  meeting  legally  holden  for  that  purpose,  and  the  evi- 
dence of  their  assent  transmitted  to  the  Secretary  of 
this  State,  to  be  recorded  in  the  public  records  thereof, 
on  or  before  the  first  day  of  August,  1840. 

Approved  June  C,  I£f40. 

WILLIAM  W.  ELLSWORTH. 


ELECTIONS.  17 


CHAPTER   XVII. 

An  Act  conferring  certain  powers  on  the  towns  therein 
named. 

SECT.  1.     BE  it  enacted  by  the  Senate  and  House  of  Electors*  meet- 
Representatives  in  General  Assembly  convened,    That  ^New^ve 
the  electors'  meetings  in  the  towns   of  Hartford   and  wnentobeopen 
New-Haven,  shall   be  opened  at  seven  o'clock  in  the     ' 
morning,  and  the  ballot  boxes  for  all  officers  to  be  chosen 
at  such  meetings  shall  also  be  opened  at  that  time. 

SECT.  2.     The  Constables  of  said  towns,  whose  duty 

•,   •     .  i  ,•  i     11  •(•      •      .1     •  Constables  to 

it  is  to  warn  such  meetings,  shall  specify  m  their  warn-  specifym  warn- 
ings the  time  at  which  such  meetings  shall  be  opened.      ingtime 

SECT.  3.     Whenever  the  list  of  electors  in  any  town, 
qualified  to  vote  for   Representatives   therein,  as  made  if  a  list 
out  by  the  town  Clerk  and  Selectmen,  and  heretofore  S"M 
used,  or  that  shall  hereafter  be  used  at  any  electors  meet-  hundred  names, 

,     „  _.    .  .  i         j      j  i     such  town  may 

ing,  shall  contain  more  than  seven  hundred  names,  such  meet  at  7  o'clock 
town,  at  their   next  annual  town  meeting,  a  notice  to  mating  day"0™ 
that  effect  having  been  inserted  in  the  warning  therefor, 
shall  have  the  right,  if  they  see  fit,  to  order  that  all  fu- 
ture electors'  meetings  in  such  towns  shall  be  warned, 
opened  and  holden,  at  the  time  and  in  the  manner  spe- 
cified in  the  first  two  sections  of  this  act. 

SECT.  4.  Any  town  having  passed  the  order  named 
in  the  preceding  section  of  this  act  shall  have  the  pow- 
er to  rescind  the  same  only  at  a  future  annual  town 
meeting,  a  notice  to  that  effect  having  been  inserted  in 
the  warning  therefor. 

Approved  June  5,  1840. 

WILLIAM  W.  ELLSWORTH. 


18  ELECTIONS, 


CHAPTER    XVIir. 

An  Act  regulating  special  Electors'  Meetings  for  the 
choice  of  Representatives  in  the  Congress  of  the  Uni- 
ted States. 

Warnings  for          SECT.  1 .     BE  it  enacted  by  the  Senate  and  House  of 
meetings  to  fin  a  Representatives  in  General  Assembly  convened,  That  the 

vacancy  in  Con-          *      .  .  „     .          .  r     \  •     c~t  fit 

gress,  how  and  warning  for  meetings  01  the  electors  or  this  State,  to  nil 
any  vacancy  in  the  representation  of  the  people  of  this 
State,  in  the  Congress  of  the  United  States,  shall  be 
given  at  least  fourteen  days  previous  to  the  day  of  such 
election. 

SECT.  2.     The  board   of  Registration  of  the  several 
^strationd  "when  ^owns  ln  tn*s  State,  shall  meet  in  their  respective  towns 
and  'where  to      at  such  convenient  place  as  they  may  appoint,  on  the 
tufeeto~PTve-ponw-  Monday  of  the  week  preceding  the  week  on  which  the 
er  to  adjoum,&c,  mectings  Specified  in  the   preceding  section  of  this  act 
are  to  be  holden,  having  given  at  least  two  days  previ- 
ous notice  thereof,  by  posting  the  same  on  the  several 
sign  posts  in  their  respective  towns  ;  and  said  board  may 
adjourn  from  time  to  time,  but  shall  be  in  session  on  the 
Saturday  next   preceding  said  electors'  meeting,   from 
ten  o'clock  A.  M.  to  two  o'clock  P.  M.,  and  longer  if 
necessary  for  the  proper  discharge  of  their  duties. 
ewmn— to^have       SECT.  3.     Said  board  shall  be  organized  and  sworn 
list  of  electors,  jn  the  manner  provided  in  the  act  entitled  "  An  Act  to 

&c.— to  adminis-  .  ,      ,.         ,      l         .  .  e     ,  f    ,  , 

ter  oath  to  eicc-  provide  tor  the  registration  of  the  names  oi  the  electors 
of  this  State  ;"  they  shall  have  before  them  a  copy  of 
the  list  of  the  electors  qualified  to  vote  in  said  town, 
and  which  was  used  at  the  next  preceding  electors' 
meeting  in  said  town,  and  shall  during  said  week,  have 
the  same  power  to  correct  and  revise  said  list,  and  to 
examine  and  decide  upon  all  applications  to  be  admitted 
an  elector,  and  to  administer  the  oath  to  those  so  found 
to  be  qualified,  as  they  now  by  law  have,  during  the 
week  next  "preceding  the  first  Monday  of  April  in  each 
year. 

where  keptect°rs'  SECT.  4.  At  all  times  during  the  week  preceding 
such  Congressional  election,  while  the  board  are  not  in 
session,  said  list,  as  altered  by  them,  shall  be  left  in  the 
office  of  the  town  clerk  for  public  inspection. 


ELECTIONS.  '  19 


SECT.  5.  Said  board  shall  hold  a  session  on  the  day 
of  such  Congressional  election,  at  the  place  where  such  Board  of  electors 

,.         -iii  i    L    r          ii  •  r  .LU        i  >to  meet    on   the 

election  is  held,  and  before  the  opening  ot  the  electors    day  of  election, 
meeting,  for  the  purpose  of  admitting  and  registering  as  aud  their  duty- 
electors,  those  applicants  only,  legally  qualified  to  be  so 
admitted,  who  have   attained  the  age  of  twenty-one 
years,  since  the  last  meeting  of  the  board. 

SECT.  6.  Duplicate  copies  of  said  corrected  lists 
shall  be  made,  authenticated  by  the  signatures  of  said 
board,  or  a  majority  of  them,  one  of  which  shall,  on  the 
Saturday  next  preceding  the  day  of  said  Congressional 
election,  be  lodged  in  the  office  of  the  town  clerk  for  _, 

.,..'  .    &  ,  i     11     i      /«  Duplicate  lists, 

public  inspection,  and  the  other  shall,  before  the  open-  authenticated  by 
ing  of  the  polls  on  the  day  of  said  meeting,  be  delivered  mad^MdvviJre 
to  the  presiding  officer  thereof,  who  shall  conform  there-  J,°^e °-~*°e*e~of 
to  in  receiving  the  votes  of  the  electors  at  such  meeting,  persona  on  said 

f      '         ,,  i          i  i  •      Ai  list  only— names 

except  so  far  as  the  same  may  be  altered  in  the  manner  Of  voters  to  be 
hereinafter  prescribed,  and  he  shall  receive  the  votes  of  ^ked>  and 
all  persons  whose  names  are  on  said  list,  and  he  shall 
not  receive  the  votes  of  any  persons  whose  names  are 
not  on  said  lists,  and  the  names  of  the  electors  voting  shall 
be  checked  in  the  manner  prescribed  in  the  act  entitled 
"  an  act  to  provide  for  the  registration  of  the  names  of 
the  electors  of  this  State  ;"  and  said  list  and  checks  there- 
on, shall  be  preserved  in  the  manner  specified  in  said 
act,  and  said  board  shall  be  in  session  during  the  time  of 
voting,  for  the  purposes  only,  which  are  specified  in  the 
proviso  to  the  14th  section  of  said  act. 

SECT.  7.    Said  board,  while  in  session  under  the  pro-  Board  to  examine 
visions  of  this  act,  may  examine  witnesses  and  applicants  ^ScaTtTunderap~ 

under  oath,  if  thev  see  fit,  and  any  person  so  examined,  Oa!j1>  wl'en-iJ , 
•    i  -u"       r     •!/•  i  .r  i  •  suiity  of  wi|fui 

who  shall  be  guilty  ot  wilful  false  swearing,  upon  con-  false  swearing 

viction  thereof,  shall  suffer  the  punishment  prescribed  by  perjury3,  &£ty  °' 
law  for  the  crime  of  perjury. 

SECT.  8.   All  offences  against  the  provisions  of  this 
act,  shall  be  punished  in  the  manner  provided  for  the  offences  under 
like  offences  in  the  act  entitled  "  an  act  to  provide  for  j^i^  how 
the  registration   of  the   names  of  the  electors  of  this 
State." 

SECT.  9.  All  acts  and  parts  of  acts  relating  to  elec- 
tion, and  the  admission  of  electors,  and  inconsistent  here- 
with, are  hereby  repealed. 

Approved  June  8,  1840. 

WILLIAM  W.  ELLSWORTH. 


20  ELECTIONS. 


CHAPTER    XIX. 

An  Act  to  provide  for  the  Registration  of  the  names  of 
the  Electors  of  this  State. 

SECT.  1.    BE,  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,   That 
the  selectmen  and  town  clerk  of  each  town  in  this  State, 
who  to  consti-  shall  constitute  a  board  to  make  Registration  of  the 
Jester  names'0  names  of  the  electors  in  such  town,  and  to  ascertain  and 
and  determine     determine  who  are  entitled  to  vote  therein,  for  all  the 
&c.— namerfufe  officers  to  be  elected  on  the  first  Monday  of  April  an- 
nually, and  also  of  all  who  are  entitled  to  vote  at  each 
successive  election  of  electors  of  President  and  Vice 
President  of  the  United  States,  commencing  on  the  first 
Monday  of  November  next ;  and  said  board  shall  be 
called  the  board  of  Registration. 

SECT.  2.  The  town  clerk  shall  officiate  as  clerk  of 
who  to  officiate  said  board,  and  in  case  of  his  absence,  said  board  may 
board-to  be  ""*  appoint  any  other  person  clerk  thereof,  who  shall  be 
sworn— board  sworn  to  a  faithful  discharge  of  duty ;  and  the  mem- 

swom— form    of  _  ,  ,      ,      ,.          <=  ^   '  .      . 

oath  bers  ot  the  board,  belore  they  enter  upon  the  duties 

herein  prescribed,  shall  take  the  following  oath : — You 
each  of  you  solemnly  swear,  (or  affirm,  as  the  case  may 
be,)  that  you  will  faithfully,  impartially,  and  according 
to  your  best  judgment,  perform  the  duties  of  a  member 
of  the  board  of  Registration  for  the  current  year,  in  con- 
formity with  the  laws  of  this  State.     So  help  you  God. 
SECT.  3.    It  shall  be  the  duty  of  the  board  in  each 
boMd,ofwh'en  to  town,  to  meet  by  the  first  Monday  of  March  annually, 
™reevotere— to*0  an^  proceed  forthwith  by  diligent  inquiry,  to  ascertain 
make  ji  list  of    the  names  of  all  the  electors  in  such  town,  who  are  le- 
Tod^^when'and  gaily  qualified  to  vote  for  all  the  officers  to  be  chosen  at 
how  authentica-  the  next  gtate  e]ection)  ^  aiso  of  those  who  are  enti- 
tled to  vote  only  for  a  portion  of  them  ;  and  they  shall 
complete  separate  alphabetical  lists  of  such  names,  and 
lodge  the  same,  authenticated  by  the  signatures  of  the 
members  of  said  board,  or  a  majority  of  them,  in  the 
office  of  the  town  clerk,  for  public  inspection,  on  or  be- 
fore the  third  Monday  of  the  same  month. 

SECT.  4.  In  order  to  ascertain  who  are  legally  enti- 
tled to  vote  at  the  election  of  electors  of  President  and 
Vice  President  of  the  United  States  in  November  next, 


ELECTIONS.  2t 


and  at  each  succeeding  one,  said  board  shall  meet  in 
each  town,  on  the  Tuesday  next  following  the  first  Board  when  to 
Monday  of  October,  1840;  and  on  the  Tuesday  next  ™fepresIidentCMd 
following  the  first  Monday  of  October  quadriennially  ^ec uPr| s^1  of 
thereafter,  and  proceed  as  before  named,  to  make  out  make  ust,  how— 
an  alphabetical  list  of  all  the  electors  who  are  entitled  Seated— aand  ei 
to  vote  at  such  elections,  which  list  shall  be  authentica-  £j£Sllodgedaild 
ted  in  the  manner  named  in  the  preceding  section,  and 
lodged  in  the  office  of  the  town  clerk,  on  or  before  the 
third  Monday  of  the  same  month. 

SECT.  5.    True  copies  of  said  lists,  attested  by  the 
clerk  of  the  board,  shall,  on  or  before  said  third  Monday       . 
of  March,  and  said  third  Monday  of  October,  be  posted  electors?  where 
up  in  such  places  as  the  inhabitants  of  the  town,  at  any  an*  when  posted, 
lawful  meeting,  may  direct.     And  in  case  of  failure  to 
designate  such  places,  the  board  shall  cause  copies  of 
such  lists  to  be  posted  upon  three  or  more  public  places, 
in  their  respective  towns. 

SECT.  6.  It  shall  be  the  duty  of  the  board  in  each 
town,  to  meet  at  such  convenient  place  as  they  may  ap- 
point, on  the  last  Monday  in  March  annually,  and  on 
the  last  Monday  of  October,  1840,  and  on  the  last  Mon- 
day of  October  quadriennially  thereafter,  at  10  o'clock, 
A.  M.  on  said  days,  to  correct  and  revise  such  lists,  and 
they  shall  remain  in  session  for  that  purpose,  and  for  the 
purpose  hereinafter  prescribed,  till  five  o'clock,  P.  M.  Board  of  Regis- 

jj.r  -j   j  Lit  V»i       TL  c  tration,  when 

01  the  said  days,  with  the  liberty  01  any  necessary  recess  and  where  to 
during  said  time ;  and  said  board  may  adjourn  from  {j^^.I^ho 
time  to  time,  but  shall  be  in  session  on  the  Saturday  next  ™?y  »pp'y  *» 

,.        ,,  ••»!•_.:»•        i  f    A       -i  i    XT  said  board,  &c. 

preceding  the  said  nrst  Mondays  or  April  and  JNovem- 
ber,  fiom  10  o'clock,  A.  M.  till  2  o'clock,  P.  M.,  and 
longer  if  necessary  to  perfect  said  list,  and  to  examine 
and  decide  upon  all  applications  to  be  admitted  to  the 
privilege  of  elector,  and  to  administer  the  oath  by  law 
provided,  to  those  so  found  to  be  qualified.  Any  person 
claiming  to  be  an  elector  in  such  town,  shall  have  a  right 
to  apply  to  said  board  for  the  registration  of  his  name,  and 
also  for  that  of  any  other  person  or  persons,  omitted  in 
the  Registry,  and  may  also  object  to  the  registration  of 
the  name  of  any  person,  (either  inserted  by  the  board, 
or  proposed  to  be  inserted,)  on  the  ground  that  such 
person  is  not  legally  entitled  to  vote  in  said  town.  Said 
board  shall  make  such  erasures  from,  and  such  additions 
to  the  lists,  as  they  shall  find  to  be  necessaiy  to  render 
the  same  a  complete  and  perfect  registry  of  the  electors 
of  such  town,  entitled  to  vote  at  those  elections,  which 


22  ELECTIONS. 


lists  shall  also  be  authenticated  as  aforesaid.  Provided, 
that  the  name  of  no  person  shall  be  erased  from  the 
lists,  till  he  shall  have  had  a  fair  opportunity  to  be  heard 
thereon. 

SECT.  7.    The  board  shall  give  notice  of  the  time  and 

place  of  holding  their  sessions  to  correct  and  revise  the 

Registry  lists,  upon  the  lists  posted  up  as  before  directed, 

nouce°ofdtimfive  an(^  ^y  advertising  the  same  in  one  or  more  newspapers, 

and  place  to  re-  if  any  are  published  in  the  same  town.     And  in  addition 

vise  the  list.  &c.  .£  *.  r-ii  i    t    •  /•  i      .,1  ill 

—what  notice  to  to  the  sessions  ot  the  board  before  named,  they  shall 
felsio~n°on(the  a  n°kl  a  session  on  the  day  of  election,  before  the  open- 
wYere^d  whS  'n&  °^ tne  electors>  meeting,  and  at  the  place  where  said 
and  who  then  to  meeting  is  held ;  and  whenever  an  adjourned  meeting 
red>       of  the  electors  of  any  town  shall  be  held  for  the  choice 
of  a  representative  or  representatives  to  the  General 
Assembly,  said  board  shall  also,  at  said  place,  hold  a 
session  on  the  day  of  election,  previous  to  the  opening 
of  the  meeting ;  which  said  sessions  shall  be  only  for  the 
purpose  of  admitting  and  registering,  as  electors  of  such 
towns,  those  applicants  legally  qualified  to  be  so  admit- 
ted, who  have  attained  the  age  of  twenty-one,  since  the 
last  session  of  the  board. 

SECT.  8.    Duplicate  copies  of  said   corrected  lists, 
shall  be  made,  one  of  which  shall,  on  the  Saturday  next 
preceding  the  said  first  Monday  of  April  and  November 
wheSgedami  as  af°resaid,  be  lodged  in  the  office  of  the  town  clerk, 
hen—  duty  of  for  public  inspection  ;  and  the  other  shall,  before  the 
— teoch"ck°name1  opening  of  the  polls  on  the  said  first  Monday  of  April 
wheom!°rsandby  (or  at  any  adjourned  electors'  meeting)  and  on  said  first 
Monday  of  November,  be  delivered  to  the  presiding  offi- 
cer of  such  electors'  meetings,  who  shall  conform  there- 
to in  receiving  the  votes  for  all  officers  to  be  elected  at 
said  meetings  or  at  any  adjourned  meeting  of  the  elec- 
tors, for  choice  of  representatives,  except  so  far  as  the 
same  may  be  altered  in  the  manner  by  this  act  pre- 
scribed.    And  said  presiding  officer   shall  receive  the 
votes  of  all  persons  whose  names  are  on  said  lists  of 
voters  as  certified  by  said  board,  and  he  shall  not  receive 
the  vote  of  any  person  whose  name  is  not  on  said  lists. 
The  name  of  each  elector,  at  the  time  of  voting,  shall 
be  checked  by  the  town  clerk  or  one  of  the  selectmen, 
or  by  one  or  more  persons  appointed  by  them. 

SECT.  9.    The  original  official  list  of  voters,  as  made 

™  d'Su  eimu?M  out  by  the  board»  and  tne  list  or  »'sts  used  on  the  day  of 

to  be  lodged  with  election,  with  the  marks  or  checks  upon  the  same,  shall, 

'-  by  the  presiding  officer  of  said  meeting,  within  twenty- 


ELECTIONS.  23 


four  hours  after  the  final  adjournment  of  the  same,  be  adJo 
lodged  in  the  office  of  the  town  clerk,  where  the  same 
shall  be  kept  on  file  and  carefully  preserved. 

SECT.  10.  If  any  member  of  the  board  of  Registra- 
tion, or  if  any  presiding  officer  of  an  electors'  meeting, 
or  any  clerk,  appointed  to  perform  the  service  specified 
in  this  act,  shall  without  just  or  reasonable  cause  refuse 
or  neglect  to  discharge  any  of  the  duties  herein  pre-  ^a*|L££j>% 

•i          i  11  f* 

scribed,  he  shall,  on  conviction,  be  subject  to  a  fine  of  officiate,  &c. — 

i          i        i     j    11  11  i         *  t*   ±1        penalty  for  fraud 

two  hundred  dollars,  payable  to  the  treasury  of  the  m  said  officers, 
county  in  which  said  officer  resides  ;  and  if  said  mem-  &c' 
ber,  presiding  officer  or  clerk,  shall  be  guilty  of  fraud  in 
performing  said  duties,  he   shall  be  subject  to  a  fine  of 
five  hundred  dollars,  payable  to  the  treasury  of  this 
State,  or  to  imprisonment  in  the  county  gaol,  for  a  term 
of  time  not  exceeding  six  months,  or  to  such  fine  and 
imprisonment  both,  at  the  discretion  of  the  court  having 
cognizance  of  the  same. 

SECT.   11.    If  any  person  shall   wilfully  give  a  false 
name,  or  any  false  answer  to  the  board  of  Registra- 
tion, when  in  session,  he  shall  forfeit  the  sum  of  fifty 
dollars,  to  be  paid  into  the  treasury  of  the  State  ;  and  fnegnf  Li^nfme 
if  any  person  whose  name  is  not  on  the  Registry  list,  °r  answer  to  the 

i      n  .,  r     t  -I         •  board.  &c. — pen- 

Shall  vote  or  attempt  to  vote  at  either  or  the  elections  aity  for  voting 

named  in  this  act,  on  the  assumed  name  of  any  other  ™w,  &£alse 
person,  whose  name  is  on  said  list,  he  shall,  on  convic- 
tion, be  subject  to  a  fine  of  one  hundred  dollars,  payable 
to  the  treasury  of  this  State,  and  to  one  year's  imprison- 
ment in  the  county  gaol. 

SECT.  12.  The  Selectmen  and  Town  Clerk  of  the 
several  towns  in  this  State,  in  lieu  of  the  time  now  by 
law  provided  for  that  purpose,  shall  meet  at  the  place  of  Se 
holding  electors'  meetings,  or  at  such  other  place  as  shall  C1«rks>&c- 
be  designated  by  said  towns,  or  the  Selectmen  thereof, 
on  the  last  Monday  of  March  annually,  and  on  the  last 
Monday  in  October,  1840,  and  on  the  last  Monday  in 
October  quadriennially  thereafter,  at  nine  o'clock.  A.  M., 
of  said  days,  for  the  purpose  of  examining  and  deciding 
upon  all  applications,  to  be  admitted  to  the  privileges  of 
an  elector,  and  shall  continue  in  session  for  that  purpose, 
and  for  the  purpose  herein  before  prescribed,  till  five 
o'clock,  P.  M.,  of  said  days,  if  so  long  a  time  be  neces- 
sary, and  may  adjourn  said  meetings  from  time  to  time  : 
Provided,  That  no  person  shall  be  admitted  an  elector 
on  the  said  first  Mondays  of  April  and  November,  ex- 


24 


ELECTIONS. 


ing. 


cept  such  as  have  attained   to  the  age  of  twenty-one 
years,  after  the  last  meeting  of  the  board. 

SECT.  13.  The  board  for  the  admission  of  electors, 

may,  at  their  discretion,  examine  applicants,  for  said 

Board  may  ex-     privilege,  and  witnesses  who  appear  before  them,  under 

amine  applicants          ,1  »   •/•  i      n  •  •         •    •        •  •     .       .•  i 

and  witnesses  on  oath  ;  and  if  any  person  shall  in  giving  his  testimony  be- 
for  faiTedsweaJrI-ty  f°re  suc^  board,  be  guilty  of  wilful  false  swearing,  'such 
person  shall,  upon  conviction  thereof,  suffer  the  punish- 
ment prescribed  by  law,  for  the  crime  of  perjury. 

SECT.  14.  Every  legally  qualified  elector  of  any  town 
in  this  State,  having  resided  in  the  State  the  time  re- 
quired by  law,  shall  be  authorized  to  vote  in  any  other 
town  in  the  State  for  Governor,  Lieutenant  Governor, 
Secretary,  Treasurer,  Comptroller,  and  Electors  of 
President  and  Vice  President  of  the  United  States  ; 
and  any  such  elector,  who  may  lawfully  vote  for  Rep- 
resentatives in  any  town  in  the  Congressional  District 
in  which  he  resides,  or  who  shall  have  resided  for  the 
period  of  four  months  next  preceding  in  such  Congres- 
sional District,  shall  be  authorized  to  vote  in  any  town 
in  the  Congressional  District  in  which  he  resides,  at  any 
election  for  a  Member  of  Congress  in  said  district  ;  and 
any  such  elector  who  may  lawfully  vote  for  Represen- 
tatives  in  any  town  in  the  county  in  which  he  resides, 
for  whom,  and^  or  who  shall  have  resided  in  such  county  for  the  period 
eieciotsatto  vote,  of  four  months  next  preceding,  shall  be  authorized  to 
vote  in  any  town  in  the  county  in  which  he  resides,  at 
any  election  for  Sheriff  for  said  county  :  Provided,  If 
such  elector  offers  his  vote  in  any  other  town  than  the 
one  in  which  he  may  lawfully  vote  for  Representatives, 
he  shall  produce  a  certificate  from  the  Town  Clerk  of 
the  town  in  which  he  shall  have  been  admitted  an  elect- 
or, of  such  his  admission.  And  said  Town  Clerk  and 
Selectmen,  in  addition  to  the  sessions  prescribed  by 
this  act,  shall  be  in  session  during  the  time  of  voting,  for 
the  purpose  of  registering  the  names  of  such  legally 
qualified  electors  only  as  reside  in  other  towns  than  the 
one  in  which  they  offer  to  vote  ;  and  the  certificates  re- 
quired by  law  to  be  produced  by  such  electors,  shall  be 
placed  in  the  possession  of  the  Town  Clerk,  who  shall 
preserve  the  same.  And  said  board  of  registration  shall 
also  be  in  session  during  the  time  of  voting,  for  the  pur- 
pose of  registering  the  names  of  such  persons  only  as 
are  electors  resident  in  said  town,  entitled  to  vote  for 
Representatives  therein,  and  who  have  theretofore  been 
admitted  or  registered  as  electors  of  said  town,  and 


ELECTIONS.  25 


have  been  omitted  on  said  list  by  mistake  ;  but  no  per- 
son whose  name  has  been  refused  registration  at  any 
former  meeting  of  the  board,  shall  be  permitted  to  make 
application  for  the  registration  of  his  name,  during  said  penaity  for 
time  of  voting.  And  if  any  person,  being  an  elector,  „„!  town>roi 
shall  vote  in  more  than  one  town  on  the  same  day  for  same  day,  &e. 
Representatives  or  Senator,  or  for  either  of  the  officers 
named  in  this  section,  he  shall,  on  conviction  thereof, 
suffer  imprisonment  in  the  county  gaol  for  the  term  of 
one  year,  and  be  subject  to  a  fine  of  fifty  dollars,  paya- 
ble to  the  Treasury  of  this  State. 

SECT.  15.  The  board  of  registration  shall  receive  for  Board  of  reg* 
their  services  such  compensation  as  the  town  may  direct,  p^d?"'110 
payable  out  of  the  Town  Treasury. 

SECT.  16.  Any  person  who  shall  wilfully  tear  down  or 
deface  any  Registry  list,  which  shall  have  been  posted  f^g. 
up  by  order  of  the  board  of  registration,  in  any  town,  try  Hats,  &c. 
shall,  on  conviction  thereof,  be  subject  to  a  fine  of  seven 
dollars,  payable  to  the  Treasurer  of  the  Town. 

SECT.  17.  The  act  to  provide  for  the  registration  of 
the  names  of  electors,  passed  May  session  1839,  and 
also  the  act  passed  May  session,  1838,  entitled  "  an  act 
to  amend  the  act  entitled  an  act  to  regulate  the  election 
of  Senators,  and  to  divide  this  State  into  districts  for  that  . 

„  ,  .  ,     ,  Acts  repealed  by 

purpose,  passed  in  1831  ;  and  also  all  other  act  or  parts  this  act. 
of  acts  relating  to  elections  and  the  admission  of  elect- 
ors, inconsistent  herewith,  are  hereby  repealed :  Pro- 
vided, That  all  offenders  against  said  act  or  acts,  or  any 
of  them,  may  be  prosecuted,  convicted  and  punished  in 
the  same  manner  as  if  said  act  or  acts  were  not  repeal- 
ed. 

Approved  June  5th,  1840. 

WILLIAM  W.  ELLSWORTH. 


26  ELECTIONS. 


CHAPTER    XX. 


An   Act  respecting  the  duties  of  Presiding  Officers  of 
Electors'  Meetings. 

SECT.  I.  BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  it  shall 
be  the  duty  of  every  presiding  officer  of  an  electors'  meet- 
tagtofficerpratld~  ing  in  any  town  in  this  State,  to  make  out  in  the  form 
foecmakretripif  prescribed  by  law,  triplicate  lists  of  the  votes  given  for 
cate  lists  of       each  of  the  following  officers,  viz  :  Governor,  Lieuten- 
' hovT  re^  ant  Governor,  Treasurer,  Secretary,  Comptroller,  Sen- 
rfoT  ator,  Sheriff,  Member  of  Congress,  and  Electors   of 
^fu?  Pres'dent   and  Vice  President   of  the  United  States, 
nish  blanks  to      whenever  said  officers  are  to  be  chosen  ;  two  of  which 
lists  shall  be  disposed  of  in  the  manner  now  provided  by 
law:  the  other  of  said  lists  of  votes,  shall  be  sealed  up 
by  the  presiding  officer,  directed  to  the  Secretary  of  this 
State,  and  within  two  days  after  said  electors'  meeting, 
said  presiding  officer,  shall  cause  the  same  to  be  deposit- 
ed in  the  Post  office  in  said  town,  or  if  there  be  none,  in 
the  Post  office  of  an  adjoining  town,  for  transmission  by 
mail ;  and  it  shall  be  the  duty  of  the  Secretary  of  this 
State,  to  furnish  the  necessary  blank  returns  to  the  sev- 
eral towns. 

SECT.  2.  In  all  cases  where  the  word  "  duplicate" 
occurs  in  the  forms  prescribed  by  law  for  the  return  o£ 
votes  to  the  Secretary  of  this  State,  the  word  "  tripli- 
cate" shall  be  substituted. 

SECT.  3.  Any  sheriff  who  shall  refuse  to  receive  any 
Refusal  of  sher-  official  returns  of  votes  for  Electors  of  President  and 
^8teTforCE!eect-  Vice  President,  which  shall  be  returned  to  him  from 
ore.  of  Pre?ident  any  town  in  the  county,  of  which  he  is  sheriff,  within 

and   Vice  Presi-    ,1    *    .«  -i       i    i       i  r         i     •  i 

dent,  and  neglect  t»e  time  prescribed  by  law  for  their  return,  or  having 
wSTitafcit  rece*¥e^  the  same  within  said  time,  shall  neglect  or  re- 
•««.  fuse  to  return  said  votes,  or  cause  the  same  to  be  re- 

turned to  the  Secretary  of  this  State,  within  fifteen  days 
after  said  meeting,  at  which  said  votes  were  given,  shall 
forfeit  and  pay  to  the  Treasury  of  this  State,  the  sum 
of  two  hundred  dollars. 


ESTATES. 

SECT.  4.  All  acts  and  parts  of  acts  inconsistent  here- 
with, are  hereby  repealed. 

Approved  June  5th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXI. 

An  Act  to  provide  for  the  making  of  Partition  in  certain 
cases, 

SECT.  1.    BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened.  That  in 
all  cases  in  which  the  interest  of  any  deceased  tenant  in  Lands  i 
common,  or  joint  tenant  in  any  lands  or  tenements,  shall  Tenantcy01of  a 
have  been  by  such  tenant  devised,  so  as  to  vest  a  free-  Deceased  person; 

,     ,  ,  '  ...  ,  ,  devised,  how 

hold  estate  or  estates  therein  in  any  devisee  or  devisees  partition  maybe 
thereof,  with  contingent  interest  by  way  of  remainder,  whom.8™1  by 
substitution  or  executory  devise  in  any  other  person  or 
persons,  born  or  unborn,  the  Court  of  Probate  before 
which  the  will  of  such  deceased  tenant,  in  common  or 
joint  tenant  is  proved,  or  the  Superior  Court,  which 
would  have  appellate  jurisdiction  thereof  may,  on  the 
application  of  the  surviving  co-tenant  of  the  premises, 
after  reasonable  notice  to  the  devisee  or  devisees  of  such 
freehold  estate  or  estates  in  the  premises,  and  such  other 
notice  as  such  Court  shall  prescribe,  if  any,  appoint  a 
suitable  person  or  persons,  not  exceeding  three,  to  make 
partition  of  the  premises ;  and  the  person  or  persons  so 
appointed,  after  being  sworn  to  the  faithful  performance 
of  the  duties  of  their  appointment,  shall  proceed  to  make 
partition  thereof  between  such  surviving  co-tenant,  and 
the  person  or  persons  having  vested  or  contingent  in- 
terests under  such  devise ;  and  the  doings  of  the  per- 
sons so  appointed,  when  returned  to  and  accepted  by 
such  Superior  Court,  or  the  Court  of  Probate,  if  ap- 
pointed by  such  Court,  shall  be  binding  and  conclusive, 
not  only  on  such  co-tenant  and  the  persons,  respective- 
ly, having  vested  freehold  interests  as  aforesaid,  but 
upon  all  other  persons,  who  may,  by  virtue  of  such  de- 
vise, become  entitled  to  any  interest  in  such  lands  or 


ESTATES. 

tenements  by  way  of  remainder,  substitution  or  execu- 
tory devise  as  aforesaid,  and  their  heirs  and  assigns  re- 
spectively. 

SECT.  2.  Be  it  further  enacted,  That  partition  may 
be  made  in  like  manner,  on  the  application  of  any  de- 
visee or  devisees  of  a  freehold  interest  or  interests  in 
the  lands  or  tenements  holden  in  common  as  aforesaid, 
between  such  co-tenant  and  the  devisee  or  devisees 
aforesaid,  and  between  such  devisees  respectively. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXII. 

An  Act  to  prevent  the  commission  of  Waste  in  certain 
cases. 

BE  it  enacted  by  ilue  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That   persons 
having  no  greater  interest  in  real  estate  than  for  years 
or  for  life,  which  said  interest  is  created  by  the  act  of 
the  party  and  not  by  the  act  of  the  law,  shall  have  no 
j£.rty*Cnotftohe     right  to  commit  waste  upon  the  premises,  beyond  what 
commit  waste  on  tenants  for  years  or  life  created  by  operation  of  law 
rty'   c'  may  do,  unless  expressly  authorized  by  the  contract  un- 
der which  such  interest  is  created,  any  law  or  usage  to 
the  contrary  notwithstanding.     Provided  nevertheless, 
that  all  lights  now  vested  in  any  tenant,  for  years  or  for 
life,  shall  remain  as  if  this  act  had  not  been  passed. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


ESTATES. 


29 


CHAPTER    XXIII. 


An  Act  to  authorize  a  cession  of  Jurisdiction  in  certain 
Lands  to  the  United  States. 


Whereas,  the  United  States,  having  purchased  of 
James  L.  Morris,  a  certain  tract  of  land,  situated  in 
Stonington  borough,  State  of  Connecticut,  for  the  site 
of  a  Lighthouse,  the  said  lot  bounded  as  follows,  viz  ; 
on  the  east  by  the  Salt  water,  on  the  south  by  lands  of 
Elisha  Faxon  and  Elisha  Faxon  Jr.,  on  the  west  by  a 
drift-way  or  street  running  northerly  and  southerly,  and 
on  the  north  by  lands  owned  by  Daniel  Smith,  William 
W.  Rodman  and  Doct.  William  Hyde,  containing  by 
estimation,  one  and  one  half  acres,  be  the  same  more  or 
less  : 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  Govern- 
or be,  and  he  is  hereby  authorized  and  directed  to  cede  T&e  Governor  to 

......  r     i  '     a  i          i  •  i     ce°e  la""8  to  the 

the  jurisdiction  or  this  State,  over  the  above  mentioned  united  state*  in 
tract  of  land  to  the  United  States,  by  deed  of  cession  v$S2£55l.rv  a 
under  his  hand  and  the  seal  of  the  State,  countersigned 
by  the  Secretary  of  State,  and  in  the  form  prescribed 
in  the  act  passed  in  October,  1817,  entitled  "an  Act  to 
authorize   a  cession  of  Jurisdiction  in  certain  lands  to 
the  United  States,  and  for  other  purposes,"  reserving  to 
the  State  the  right  of  serving  and  executing  within  the 
limits  of  said  tract,  all  legal  process,  both  civil  and  crim- 
inal. 

Approved  June  4th,  1840. 

WILLIAM  W.  ELLSWORTH. 


30 


ESTATES. 


CHAPTER    XXIV. 


An  Act  concerning  the  Sale  of  Estates  of  Insolvent 
Debtors. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  whenever 
the  Court  of  Probate  shall  order  the  sale  of  the  estate 
of  an  insolvent  debtor,  assigned  for  the  benefit  of  cred- 
itors  or  any  part  thereof,  the  Judge  may,  on  application 
mipied  for  bin-  by  tne  trustee,  authorize  another  person  to  sell  such  es- 
efit  of  creditors,  tate  or  any  part  thereof,  upon  such  person's  first  giving 
bond  to  such  court  with  sufficient  surety,  conditioned 
that  he  will  faithfully  discharge  said  trust  and  pay  to 
said  trustee  the  sum  for  which  such  estate  shall  be  sold  ; 
and  at  any  sale  made  by  such  person  so  authorized,  the 
trustee  may  be  purchaser  :  —  Provided,  that  whenever 
an  application  shall  be  made  to  a  Court  of  Probate  by 
any  trustee  for  the  appointment  of  another  person  to 
sell  such  estate,  the  said  Court  shall  order  said  trustee 
to  give  notice  by  advertising  in  a  newspaper  or  other- 
wise, as  said  Court  shall  direct. 

Approved  June  5th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXV. 

An  Act  concerning  Suits  on  Mortgages. 

SECT.  I.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That 
^ecuniir  °ainst  wnenever  anv  real  estate  has  been,  or  shall  be  mortgag- 
mortgagor  before  ed  to  secure  the  payment  of  any  debt  or  debts,  and  such 
Sebtnisdfief5a  mortgagee  or  other  person  holding  such  mortgage,  by 
a^Tnterat?  to  assignm.ent  or  otherwise,  shall  commence  and  prosecute 
bar  farther  prog-  any  action  of  ejectment  to  recover  the  possession  of 


ESTATES. 


31 


such  mortgaged  premises,  or  any  part  thereof  either 
against  such  mortgagor,  or  any  other  person  or  persons 
holding  the  same  under  him,  at  any  time  when  no  part 
of  such  debt  or  debts  or  interest  thereon,  shall  be  due 
and  payable  according  to  the  tenor  of  such  mortgage, 
it  shall  and  may  be  lawful  for  the  defendant  in  such 
suit,  or  such  mortgagor,  or  his  heirs  or  assigns,  or  any 
other  person,  whose  duty  it  may  be  to  pay  such  debt  or 
debts,  to  tender  the  same  with  the  interest  which  shall 
be  due  thereon,  and  the  costs  of  such  suit,  to  the  person 
or  persons  authorized  or  entitled  to  receive  the  same, 
and  such  tender  duly  and  legally  made,  shall  be  a  bar  to 
the  further  prosecution  of  such  suit  or  action. 

SECT.  2.  Whenever  any  real  estate  has  been  or  shall 
be  mortgaged  as  aforesaid,  and  such  action  of  ejectment 
shall  be  commenced  and  prosecuted  when  a  part  only  of  Howto  proceed, 
such  debt  or  debts,  or  the  interest  thereon  shall  be  due,  if  a  part  of  sai<{ 

,.  ^  f          ,  mortgage  money 

and  payable,  according  to  the  tenor  of  such  mortgage,  bedue,&c. 

it  shall  and  maybe  lawful  for  the  defend  ant  in  such  suit, 

or  the  mortgagor  or  his'  heirs  or  assigns  or  any  other 

person  or  persons,  whose  duty  it  may  be  to  pay  such 

debt  or  debts,  to  tender  such  part  of  the  same  as  may 

be  then  due  and  payable  with  the  interest  which  shall 

have  accrued  thereon,  and  the  costs  of  such  suit,  to  the 

person  or  persons  duly  authorized  or  entitled  to  receive 

the  same,  and  such  tender  duly  and  legally  made,  shall 

be  a  bar  to  the  further  prosecution  of  such  suit. 

SECT.  3.  Whenever  any  such  action   of  ejectment  if  mortgagee  re  - 
shall  have  been  commenced,  and  such  tender  shall  be  [^receive^ta- 
made  as  is  herein  before  set  forth,  and  such  mortgagee  terest  after  the 
or  other  person  or  persons  authorized  or  entitled  to  re- 
ceive such  debt  or  debts  as  aforesaid,  shall  refuse  to  re- 
ceive the  same  so  tendered,  the  holder  of  such  debt  or 
debts  shall  not  be  entitled  to  recover  any  interest  there- 
after accruing  thereon. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


32 


FIRE,    LOSS    BY. 


CHAPTER    XXVI. 


and  who  to  be 
iable. 


An  Act  for  the  better  security  of  the  inhabitants  of  this 
State  against  losses  by  Fire. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  in  all  suits 
and  actions  against  any  person  or  persons,  or  against 
any  incorporated  company,  for  the  recovery  of  damages 
LOBS  by  fire,  by  on  account  of  any  injury  to  any  property,  whether  real 
gin^pirooTof611    or  personal,  occasioned  by  fire  communicated  by  any 
and 'liability jbr,  locomotive  engine  while  upon  or  passing  along  any  rail 

ami  who  to  he  i  •          i  •       «    °  i          /•  r-         ° 

road  in  this  State,  the  fact  that  such  fire  was  so  commu- 
nicated shall  be  taken  as  full  prima  facie  evidence  to 
charge  with  negligence  the  corporation,  person,  or  per- 
sons who  shall  at  the  time  of  such  injury  by  fire,  be  in 
the  use  and  occupation  of  such  rail  road,  either  as  own- 
ers, lessees,  or  mortgagees,  and  also  those  who  shall  at 
such  time,  have  the  care  and  management  of  such  en- 
gine, unless  such  person,  persons,  or  corporations  shall 
show  that  no  negligence  was  at  such  time  justly  charge- 
able to  them  or  those  in  their  employment. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXVII. 


An  Act  in  addition  to  an  Act  entitled  "  an  Act  relating 
to  Guardians  and  Minors." 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  all 
persons,  whether  of  full  age  or  not,  except  married  wo- 

Devisors.  (ex.  L  u      L         i  •         i     •       i  -n 

cept married  wo.  men  whose  husbands  are  living,  may,  by  their  last  will 
m!y  afpotet11  and  testament,  executed  in  the  same  manner  as  the 
guardians  to  iaw  requires  for  the  devise  of  land,  appoint  a  guardian 

their  minor  cnil-  ^  ,.  .     .  •  '    , 

dren,  fcc.  or  guardians  to  their  minor  children,  born  or  unborn  ; 


INCORPORATED    COMPANIES. 


33 


and  the  person  or  persons  so  appointed,  shall,  upon  giv- 
ing bond  to  the  judge  of  the  Court  of  Probate  where 
such  will  is  proved,  with  sufficient  surety  for  the  faithful 
discharge  of  his  or  their  trust,  have  the  same  power 
over  the  person  and  estate  of  such  child  or  children,  as 
guardians  appointed  by  the  Court  of  Probate  by  law 
now  have. 

SECT.  2.  The  Courts  of  Probate  shall  have  power  to  courts  of  Pro- 

i  ,.  ,.  ,  ,         ff.    .  bate  may  remove 

remove  such  guardians,  tor  good  and  sufficient  reasons  guardian  for 
shown,  and  to  appoint  others  in  their  place,  who  shall  cause>  &c- 
give  bond,  with  sufficient  surety,  for  a  faithful  discharge 
of  their  trust  as  aforesaid. 

SECT.  3.  Always  provided,  That  where  the  custody 
of  such  child  or  children,  shall  have  been  committed  to  ^othefmay6  ^ 
the  mother,  by  the  Superior  Court  or  by  the  General  p?int  such  euar- 
Assembly,  she  alone  shall  have  the  power  of  appointing 
such  guardians,  who  shall  receive  said  trust,  subject  to 
the  above  control  of  the  Court  of  Probate,  and  also  sub- 
ject to  the  same  provisions  and  restrictions,  and  to  the 
same  power  of  modifying  or  revoking  said  trust  in  the 
General  Assembly  and  the  Superior  Court,  as  said  trust 
was  subject  to  in  the  hands  of  said  mother,  at  the  time 
of  her  decease. 

Approved  June  4th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXVm, 


An  Act  relating  to  Incorporated  Companies. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  no  incorpo- 
rated company  of  this  State,  which  may  have  failed  to 
comply  with  the  requirements  of  its  charter,  in  giving 
notice  of  its  meetings,  or  which  has  neglected  to  pass 
by-laws  to  regulate  the  mode  of  warning,  and  the  times 
and  places  of  holding  such  meetings,  shall  in  consequence  Confirmatory 

c  i        j-         i       J  c     c  -i  •    Ux  c          j  U        actln  favor  of 

thereof  be  dissolved,  or  forfeit  the  rights  conferred  by  incorporated 
its  charter ;  nor  shall  its  proceedings  subsequent  to  such   comPame8- 
failure   or  neglect,   be  on  that  account  void ;  but  such 
company  may  be  convened  by  notice  to  be  given  in  the 
5 


34  INSOLVENT    DEBTORS. 


manner  prescribed  by  its  charter  for  the  first  meeting  of 
such  company,  or  by  a  notice,  specifying  the  time  and 
place  and  object  of  such  meeting,  signed  by  the  acting 
president,  or  if  there  is  no  such  president,  then  by  the 
secretary  or  clerk  of  such  company,  published  in  a  news- 
paper printed  in  the  county  where  such  officer  signing 
said  notice  lives,  at  least  three  weeks  successively  before 
such  meeting  ;  and  if  no  newspaper  be  published  in  said 
county,  such  notice  shall  be  so  published  in  some  news- 
paper printed  in  an  adjoining  county  ;  and  at  such 
meeting  it  shall  be  lawful  for  such  company  by  a  major 
vote,  to  confirm  all  or  any  of  its  former  acts,  votes,  by- 
laws, appointments  and  proceedings,  not  inconsistent 
with  its  charter  or  the  laws  of  this  State — Provided, 
that  nothing  in  this  act  shall  revive  any  corporation 
whose  powers  have  expired  from  any  causes  other  than 
those  above  named,  nor  any  corporation  which  shall  have 
in  fact  abandoned  and  ceased  to  exercise  the  franchises 
granted  by  its  charter. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXIX. 


An  Act  for  the  further  relief  of  honest  and  Insolvent 
Debtors. 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That  it 
shall  be  lawful  for  any  poor  debtor  who  is  unable  to  pay 
Poor  debtors  to  the  debt  or  demand  against  him  in  favor  of  any  creditor 
court  S  £S  or  creditors,  to  make  application  to  the  County  Court  in 
dutyTdebtoVto  ^e  county  where  such  debtor  resides,  to  administer  to 
give  notice  &c.—  such  debtor  the  oath  provided  by  law  for  poor  imprison- 
ed ^d  w£n^~  ed  debtors,  in  the  form  prescribed  in  the  fifteenth  sec- 
tion of  the  Act  entitled  "  an  Act  concerning  gaols  and 
gaolers,"   substituting  the  word  "  liable"  for  the  word 
"  imprisoned"  in  said  form.     And  such  debtor  shall  cause 
notice  to  be  given  to  such  creditor  or  creditors,  or  any 
of  them,  if  inhabitants  of  this  State  ;  otherwise  to  the 
attorney  of  such  creditor  or  creditors,  or  any  of  them, 
to  appear  and  show  reason,  if  any  they  have',  why  such 


duty  of  Court, 
&c. 


INSOLVENT    DEBTORS. 


35 


oath  should  not  be  administered :  which  notice  shall  be 
signed  and  served  as  other  process  returnable  to  said 
Court,  and  at  least  twelve  days  inclusive  before  the  ses- 
sion thereof;  and  said  Court  shall  proceed  to  inquire  into 
the  matter,  and  to  examine  the  applicant  on  oath  touch- 
ing the  same,  and  if  no  sufficient  reason  appear  or  be 
shown  by  such  creditor  or  creditors  to  the  contrary,  shall 
administer  to  said  debtor  the  oath  aforesaid,  and  cause  a 
record  to  be  made  of  the  same. 

SECT.  2.  Be  it  further  enacted,  That  such  debtor 
shall  not  thereafter  be  liable  to  be  imprisoned  on  any 
execution  issued,  or  which  shall  be  issued  on  any  judg- 
ment then  in  force,  or  which  may  thereafter  be  recov- 
ered before  the  Court  aforesaid,  or  any  other  Court  in 
this  State,  on  any  claim  founded  on  contract,  existing  at 
the  time  of  the  administration  of  such  oath,  in  favor  of 
any  creditor  so  notified,  or  under  any  writ  of  attach- 
ment on  such  judgment  or  claim,  unless  such  creditor 
shall  allege  in  his  writ  on  such  claim,  and  satisfy  the 
court  rendering  such  judgment,  that  such  debtor  has 
property  to  the  amount  of  seventeen  dollars  at  least, 
over  and  above  what  he  is  by  law  permitted  to  retain 
on  the  administration  of  such  oath,  on  which  inquiry 
the  debtor  shall  be  a  competent  witness. 

SECT.  3.  Be  it  further  enacted,  That  if  any  person 
committed  to  gaol  on  any  execution  issued  on  the  judg- 
ment of  a  justice  of  the  peace,  or  an  alderman  of  the 
city,  or  of  any  appellate  court,  from  the  judgment  of  a 
justice  of  the  peace  or  alderman,  shall  take  the  poor 
debtor's  oath  before  a  justice  of  the  peace,  pursuant  to 
the  provisions  of  the  act  entitled  "  an  Act  concerning 
gaols  and  gaolers,"  and  the  acts  in  addition  thereto,  such 
debtor  shall  thereupon  be  discharged  from  imprisonment, 
and  no  review  shall  be  allowed  in  said  cause. 

SECT.  4.  Be  it  further  enacted,  That  such  debtor 
shall  not  thereafter  be  liable  to  be  imprisoned  on  any 
other  execution  issued  or  to  be  issued,  or  on  any  other 
judgment  then  in  force,  or  on  any  judgment  thereafter 
rendered,  on  any  cause  of  action  within  the  original  juris- 
diction of  a  justice  of  the  peace,  founded  on  contract, 
existing  in  favor  of  the  same  creditor,  at  the  time  of  the 
administration  of  such  oath,  or  any  writ  of  attachment 
on  such  judgment  or  claim,  unless  said  creditor  shall  al- 
lege in  his  writ  on  such  claim,  and  satisfy  the  court  ren- 
dering such  judgment,  that  such  debtor  has  property  to 
the  amount  of  seventeen  dollars  at  least  over  and  above 


Exemption  from 
imprisonment  of 
such  debtors  &c. 


Any  person  com- 
mitted to  gaol  on 
execution  of  a 
Justice  of  Peace, 
Alderman  &c. — 
taking   the  poor 
debtor's  oath 
shall  be  discharg- 
ed and  no  review 
allowed. 


On  what  debts 
such  debtors 
may    afterwards 
be  imprisoned, 
&c. 


36 


INSOLVENT    DEBTORS. 


Review,    notice, 
what,  and  how 
given  by  credi- 
tors. Court  of  re- 
view, by  whom 
held.     ' 


In  cases  in  which 
a  review  may  be 
had,  after  oath  of 
the  debtor  im- 
prisoned on  exe- 
cution— debtor  is 
entitled  to  the 
oath — debtor  not 
to  be  imprisoned 
on  any  other  PJC- 
cution  or  debt 
then  existing  in 
favor  of  said 
creditor,  &-c. 


When  a  creditor 
may  examine 
poor    debtor  on 
oath  touching  his 
property  &c. 
penalty  of  false 
swearing  of  the 
debtor. 


what  he  is  by  law  permitted  to  retain  on  the  adminis- 
tration of  such  oath,  on  which  inquiry  the  debtor  shall 
be  a  competent  witness. 

SECT.  5.  Be  it  further  enacted,  That  in  all  other  cases 
in  which  a  review  is  by  law  allowed  after  the  adminis- 
tration of  the  poor  debtor's  oath,  notice  of  his  intended 
review,  shall  be  forthwith  given  by  the  creditor  in  wri- 
ting to  the  debtor,  and  application  therefor,  shall  be  made 
and  the  same  shall  be  returnable  to  the  court  of  review 
within  five  days  after  such  oath  shall  have  been  admin- 
istered ;  and  such  court  of  review  may  be  held  either 
by  the  Judge  of  the  County  Court  alone,  or  by  a  Judge 
of  Probate  and  Justice  of  the  Peace  residing  in  the 
county  in  which  the  debtor  is  imprisoned.  And  in  case 
such  notice  is  not  given,  or  such  application  is  not  made 
and  returned  within  the  period  aforesaid,  such  debtor 
shall  be  no  longer  detained. 

SECT.  6.  Be  it  further  enacted,  That  in  all  cases  in 
which  a  review  may  be  had,  after  the  administration  of 
the  poor  debtor's  oath,  to  any  debtor  imprisoned  on  exe- 
cution, if  the  creditor  shall  not  apply  for  a  review,  or 
having  applied,  if  the  court  of  review  shall  decide  that 
the  debtor  is  entitled  to  the  oath,  such  debtor  shall  not 
thereafter  be  liable  to  be  imprisoned  on  any  execution 
in  favor  of  such  creditor  for  any  other  debt  then  exist- 
ing, or  under  any  writ  of  attachment  on  such  judgment 
or  claim,  unless  such  creditor  shall  make  allegation  and 
satisfy  the  court  rendering  such  judgment,  of  the  ability 
of  the  debtor  in  manner  and  form  as  is  in  the  second  sec- 
tion of  this  act  provided. 

SECT.  7.  Be  it  further  enacted,  That  the  provisions 
of  the  first  section  of  the  Act  entitled  "  an  Act  abolish- 
ing imprisonment  for  debt,  and  to  repeal  the  act  therein 
mentioned,"  shall  extend  to  all  persons  who  may  be  ar- 
rested in  any  action  founded  on  contract,  whether  such 
person  shall  have  been  a  resident  of  this  State  or  not, 
for  any  time  prior  to  such  arrest. 

SECT.  8.  Be  it  further  enacted,  That  in  all  cases  in 
which  a  defendant  in  any  such  action  shall  apply  for  the 
administration  of  the  poor  debtor's  oath  as  provided  in 
this  act,  or  in  the  several  acts  herein  before  mentioned, 
the  plaintiff  in  such  action  shall  have  a  right  by  himself, 
or  his  agent  or  attorney,  to  examine  such  defendant  on 
oath,  touching  his  property  or  the  disposal  thereof;  and 
if  any  such  debtor  shall  be  guilty  of  false  swearing,  he 


MILITIA. 


37 


shall  be  deemed  guilty  of  perjury,  and  shall,  on  convic- 
tion, suffer  the  pains  and  penalties  thereof. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXX. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  pre- 
scribing the  number  of  Jurymen  for  each  town  in  this 
State." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  town  of  westbrook  en- 
Westbrook,  in  the  county  of  Middlesex,  shall  be,  and  is  titled  to  eve  ju- 
hereby  entitled  to  select  five  Jurymen,  and  no  more,  in 
the  manner  and  for  the  purposes  prescribed  in  the  act 
regulating  civil  actions  ;  and  the  town  of  Saybrook  shall 
hereafter  be  entitled  to  select  fourteen  Jurymen  and  no 
more. 

Approved  June  4th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXI. 

An  Act  in  addition  to  "  an  Act  for  forming  and  con- 
ducting the  Military  Force." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,   That   a  court  W,£°c101,artmap" 
martial  for  the  trial  of  field  officers  of  the  Horse  Artil-  tiais  of  Horse 
lery  and  Light  Artillery,  shall  be  appointed  by  the  Major  tHierj\lght  Ar~ 
General  of  the  Division  to  which  they  are  attached. 

Approved  June  5th,  1840. 

WILLIAM  W.  ELLSWORTH. 


38 


NOTES    AND    BILLS    OF    EXCHANGE. 


CHAPTER    XXXII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  concern- 
ing Promissory  Notes  and  Bills  of  Exchange." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  whenever 
any  negotiable  promissory  note  or  bill  of  exchange  shall 

Negotiable  ,     J  u i     •      4vT-     o*  j   *u     *u-   j    j  c 

notes  and  bins  be  payable  in  this  State,  and  the  third  day  of  grace  on 
payabfeaonthird  suc^  note  or  bill  shall  fall  upon  a  day  appointed  by  the 
day  of  grace—  Governor  of  this  State  as  a  day  of  public  fasting  or 

when  to  be  paid     .  •         i        •    •  ,,1  -,   •  •     '•*  •  j  • 

if  said  pay  day  thanksgiving,  then,  and  in  such  case,  said  promissory 

anks- 


ay. 


ivingnor  fa^t8"  note  or  bill  of  exchange,  shall  be  held  to  be  due  and 
payable  on  the  day  next  preceding  such  day  of  fasting 
or  thanksgiving. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


Directors  of 
sa'd  ^'net.y 

iTiuy  ioa.li  10 

banks,  &c. 


fio,eoo. 


,       CHAPTER    XXXIII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  to  incor- 
porate the  Norwich  Savings  Society." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  Direc- 
tors of  said  society  may,  at  their  discretion,  loan  any 
of  the  moneys  of  said  society,  to  either  of  the  incorpora- 
ted  banks  in  this  State,  notwithstanding  the  members  of 
said  Savings  Society  may  be  stockholders  in  such  bank  ; 

_  o  /»         •  i  •  i      •  IITJ 

not  and  no  director  of  said  society,  so  being  a  stockholder 
as  aforesaid,  shall  by  reason  of  any  such  loan,  be  dis- 
qualified  from  acting  as  a  director  in  said  Savings  So- 
ciety, any  thing  in  said  act  to  which  this  is  an  addition, 
to  the  contrary  notwithstanding.  Provided,  that  the 
amount  so  loaned  to  all,  or  either  of  said  banks,  shall 
not  exceed  at  any  one  time,  ten  thousand  dollars. 

Approved  June  4th,  1840. 

J  WILLIAM  W.  ELLSWORTH. 


39 


CHAPTER    XXXIV. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  to  regu- 
late the  election  of  Senators,  and  to  divide  this  State 
into  Districts  for  that  purpose." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  the  town  of  gait  of  tbe  ittb 
Westbrook,  in  the  county  of  Middlesex,  shall  be  and  fr-°tatorial  Dis" 
remain  a  part  of  the  nineteenth  Senatorial  District. 

Approved  June  4th,  1840. 

WILL  i AM  W.  ELLSWORTH. 


CHAPTER  XXXV. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  relating 
to  Oaths." 

SECT.   1.    BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,    That 
the  moderators  of  school  society  meetings,  in  such  meet- 
ings, and  the  clerks  of  the  several  school  societies  in 
this  State,  shall  be  empowered  to  administer  all  the  Who 
oaths  required   by  law   to  be  administered  to  school  nunister^aths 
society  and  school  district  officers  and  to  school  teachers.  §  ^nd^scho'S 

SECT.  2.    There  shall  be  administered  to  each  school  dist"ct  officers 

•,ii  .,1      •       .ii.       r  f  11  •,.  —Form  of  oath. 

society  clerk  an  oath,  m  the  lorm  following  to  wit : — 
You,  A.  B.,  being  chosen  clerk  of  the  school 

society  in  the  town  of  do  swear,   (or  affirm,  as 

the  case  may  be,)  that  you  will  faithfully  execute  the 
duties  of  such  clerk,  according  to  your  best  skill  and 
according  to  law.  So  help  you  God.  And  the  like 
oath,  mutatis  mutandis,  shall  be  administered  to  each 
school  district  clerk. 

SECT.  3.    Be  it  further  enacted,  That  the  moderator 
of  each  school  district  meeting  be,  and  he  hereby  is  era- 


40 


SCHOOLS. 

powered,  in  such  meetings,  to  administer  to  the  clerk  of 
such  district,  the  oath  by  law  in  such  case  provided. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXVI. 


ed  and  settled. 


An  Act  in  addition  to  an  Act  entitled  «*  an  Act  for  the 
regulation  of  School  Societies,  and  for  the  support  of 
Schools." 

SECT.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That 
Linesand  bounds  whenever  the  boundary  lines  of  any  school  district,  which 
shall  be  within  the  limits  of  two  or  more  school  societies, 
shall  not  have  been  fully  defined  and  settled,  it  shall  be 
the  duty  of  the  several  committees  of  such  school  soci- 
eties, to  designate  and  define  such  boundary  line  so  far 
as  the  same  may  be  within  the  limits  of  such  societies 
respectively. 

HOW  boundary         SECT.  2.  Whenever  any  such  school  district  shall,  at  a 

lines  of  school     school  district  meeting,  duly  warned  and  held,  request 

aite"edteandaybye  any  alteration  to  be  made  in  the  boundary  line  of  such 

whom.  district,  the   sa^me  may  be  made  by  the  school  society 

within  the  limits  of  which  such  proposed  alterations  are 

included. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


SALARIES    AND    FEES. 


41 


CHAPTER   XXXVII. 


An  Act  in  addition  to  an  Act  respecting  the  Sales  of  Per- 
sonal Property  Attached. 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  in  all  cases 
where  the  plaintiff  or  defendant  may  apply  to  a  judge  HOW  to  proceed 
of  the  Superior  or  County  Court,  for  an  order  to  sell  £ „&*!?*" 
personal  property  taken  by  attachment,  according  to  the  JhedecJ^e^a"- 
provisions  of  the  act  to  which  this  is  in  addition,  and  it  taching  officer, 
shall  appear  to  such  judge,  that  the  officer  by  whom  said 
property  was   attached,  has   deceased,  or    has    been 
in  any  other  way  removed  from  office,  such  judge  may 
designate  and  appoint  the  Sheriff  of  the  county  where 
such  property  was  so  attached,  or  either  of  his  Deputies, 
to  make  sale  of  said  property  in  the  manner  prescribed 
by  said  act. 

Approved  June  4th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XXXVIII. 

An  Act  in  addition  to  the  Act  entitled  "  an  Act  for  regu- 
lating Salaries  and  Fees." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  each  tales-  Taleaman  for 
man,  while  necessarily  attending  the  County  or  Superi-  serving  on  the 

i  j    i  j  i  ii     i    Jury  to  receive 

or  Court,  having  been  duly  returned  and  empannelled  75  cents  per  day. 
in  the  jury,  shall  receive  for  each  day's  attendance  at 


SALARIES    AND    FEES. 


either  of  said  Courts  the  sum  of  seventy-five   cents, 
which  shall  be  paid  by  the  State. 

Approved  June  8th,  1840. 

WILLIAM  W.  ELLSWORTH. 


s  CHAPTER    XXXIX. 

An  Act  in  addition  to  u  an  Act  for  regulating  Salaries 
and  Fees." 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  whenever 
in  what  case  a  sheriff  or  other  officer  shall  have  necessarily  employ- 
Jfficere™ay°*-r  ed  an  assistant  or  assistants  in  the  arrest  of  any  person 
tio'rfo^St-88  duty  charged  with  the  commission  of  any  crime,  and  the 
w»ts.  necessity  of  such  employment  shall  be  fully  proved  by 

the  oath  of  such  sheriff  or  other  officer  before  the  court 
in  which  the  question  may  arise,  such  court  may  at  its 
discretion,  allow  in  the  bill  of  cost,  a  reasonable  sum  as 
a  compensation  to  such  assistant  or  assistants. 

Approved  June  6th,  1840. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XL. 


An  Act  declaring  valid  the  doings  of  a  Town  Meeting 
therein  named. 

Whereas  the  town  of  Goshen,  hath  heretofore  desig- 
nated and  determined  other  places  than  the  sign  post 
in  said  town,  at  which  notification  of  town  meetings  in 
said  town  should  be  set  up;  and  whereas  there  was  an 
omission  to  set  up  a  notification  for  the  annual  town 
meeting  in  October,  1839,  at  all  the  places  so  designated 


GOSHEN.  43 

and  determined,  but  notification  of  said  meeting  was  in 
all  other  respects  according  to  law  ;  therefore, 

BE  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives in  General  Assembly  convened,  That  none  of  the  ConflrminR  do_ 
doings  of  said  town  meeting,  in  October,  1839,  either  in  ings  of  town 
the  appointment  of  town  officers,  the  granting  of  taxes  ^n"1^  m 
or  the  transaction  of  other  business,  shall  be  deemed 
void  by  reason  of  said  omission ;  but  the  doings  of  said 
meeting,  if  in  other  respects  conformable  to  law,  are 
hereby  declared  valid. 

Approved  June  4th,  1 840. 

WILLIAM  W.  ELLSWORTH. 


STATE  OF  CONNECTICUT,  ss.      ) 
SECRETARY'S  OFFICE,  viz ;  June  25th,  1840.  $ 

I  HEREBY  CERTIFY,  That  I  have  compared  the  print- 
ed copy  of  the  acts  contained  in  this  pamphlet,  with  the 
original  acts,  as  engrossed  and  passed  by  the  Legisla- 
ture, and  find  the  same  to  be  correct. 

ROYAL  R.  HINMAN, 

Secretary  of  State. 


INDEX. 


A. 

Agricultural  societies,  .  .  '..  .  3 

Assessors  and  board  of  relief,  duty  of,    ,  ,  .5 

B. 

Banks,         .             .            *•           .  ;  v        7,  9,  10,  11 

Bills  of  exchange,         .            .  .          .  ';.  -,         .         38 

Board  of  Registration,  duty  of,     .  .             .          .18 

powers  of,  i-  r         .         y  .         18 

to  be  sworn,  .             .             .18 

Book  debt,  to  recover  rents,  &c.  .            .            %         11 

Bridgeport  probate  district,      »  .  \  .            .             .14 

C. 

Charter  of  the  city  of  New  Haven  amended  .         16 

Civil  actions,  de  sale  of  property  at  the  post,  6,  1  1 

Civil  actions,  de  judicial  decisions,  &c.         lj  ,'  '      '    ."        12 
Clerks  of  courts,  duty  of,  .  .  .  11 

Commissioners  of  banks,  duty  of,  .  .  7 

Comptroller  de  agricultural  societies,      .  t  .>.;         .      4 

Companies,  incorporated,  how  revived,         .  .  33 

Congress,  representatives  to,  how  elected,  .  .     18 

Constables,  duty  of,  in  Hartford  and  New  Haven,  at 

election,      ...  .  .  .          t.         17 

Corporations  de  assessment,  .  .  .  5,  6 

Courts,  .  .  .     8,  12,  13,  14,  15,  41 

County  court  in  Fairfield  county,  time  of  holding  same,       15 
Crimes  and  punishments,       .  .  .  .12 


Debtors,  insolvent,  rights  of,      .          .            .  ...         30 

Debtor's  personal  estate,  sale  of,  on  execution,       .  .     6 

Devisees,  in  certain  cases,  rights  of,         .           .  27,  28 

E. 

Elections  in  Hartford  and  New  Haven  regulated,  17 

meeting  to  be  opened  at  7  o'clock,  A.  M.  .         17 

by  whom  warned,       .            .            .  .17 


46  INDEX. 

Electors,      .            .            .             .            .            .  17,  18 

Electors'  meeting,  to  fill  a  vacancy  in  Congress,  18,  19 

duty  of  board  of  registration,           .         .  18,  19 

offences  under  this  act,  how  punished,         .  19 

Electors,  registration  of,                       .             .  .20 

who  to  form  the  board  of  registration,       .  .     20 

powers  of  said  board,     .                     .  .20 

when  to  meet,  and  their  duty,     .             .  .20 

who  to  vote  for  President  of  the  U.  S.,  &c.  .         20 

oath  of  the  board,  form  of          .         >;..».','•  •     20 

when  to  meet  on  election  of  President,  .         21 
copies  of  lists  of  electors,  where  and  when  posted,  21 
board  when  to  meet  to  revise  the  list  of  electors,     21 

to  give  notice  to  revise  the  list,            .  *&     22 

duty  of  presiding  officer,            .         :    .'  .     22 
penalty  of  officers  refusing  to  officiate,           ••*  It'     23 

penalty  for  fraud  in  said  officers,            .  .     23 

qualification  of  electors  to  vote,          .  .         24 

penalty  for  defacing  lists,       .         .     ;  V  <•  .     25 

penalty  for  voting  in  two  or  more  towns,  .         25 

Electors'  meetings,  duties  of  presiding  officers,        .  .     26 

to  make  triplicate  lists  of  votes,  .         26 

Estates.      .                     .                       .-.            .  .6 

Execution,  notice  to  sell  personal  estate,          .  .           6 

Execution,  who  to  issue,  in  supreme  court,          .  .13 

F. 

Fire  engines  on  rail  roads,  damage  by,           .  .        32 

who  to  be  liable  for  such  damage,      .  .     32 


Goshen  town  meetings  validated,        .  .  .42 

Governor  to  cede  jurisdiction  of  land  to  the  U.  States,  in 

Stonington,          .  .  .  .  .29 

Guardians  may  be  appointed  by  the  devisors  of  land,  when,  32 

when  the  mother  may  appoint,        .  .         33 

H. 

Hartford,  election  in,  .  .  .  .16 

Horse  Artillery,  ...  .37 


Insolvent  debtors,  estates  of,  assigned,  &c.      .  .         30 

Incorporated  companies,  how  revived,  &c.  .         33,  34 

Insolvent  debtors,       .  .  .  .     34,  35 


INDEX.  47 
J. 

Jevvitt  City  Bank,          .          '!>r.  .             .|           .       7 

Joint  tenants  and  tenants  in  common,  .         ri'.!r          27 

Jurisdiction  to  the  U.  S.  of  land  in  Stonington,  .     29 

Jurymen  in  Westbrook,        ,'           .  .             .           37 

Jurymen,  fees  of  as  jurors,         .  .         -  ?\>i         •     41 


Light  artillery,  37 

OT. 

Militia,  de  court  martials  in  certain  cases,          .       .  37 

court,  how  appointed,             .             .  .37 

Minors — Devisors  of  land  may  appoint  guardians,     .  32 

Mortgages,  suits  on,      ,v.  ,          .             .             .  .30 

when  mortgage  debt  is  not  due,               .  31 

when  a  part  of  said  debt  is  due,        .  .31 

in  case  the  mortgagee  refuses  a  tender  of 

mortgage  money,         .             .  .31 

3V. 

New  Haven  city  charter,  amendment  of,         ;,-,,.  .     16 

Notes  and  bills  of  exchange,              ...  38 

Norwich  savings  society,             .             .             .  .38 

O. 

Oaths,           f  ^                      .             .             .             .  39 

who  may  administer  to  school  district  officers,  &c.      39 

form  of  oath,  .  .  .39 

P. 

Partition  in  certain  cases,           .             ,             .  .27 

President  and  vice-president,  election  of,     .             .  20, 24 

Presiding  officers  of  electors' meetings,  duty  of,  .     26 

Probate  courts  in  Bridgeport  and  Stratford,               .  14 

Probate  of  Saybrook  to  include  Westbrook,       .  .     13 

Probate  courts,  duty  of  in  partition  of  lands,               .  27 

Probate  court,  duty  of  to  appoint  trustees,  &c.  .     30 
Probate  courts,  power  to  remove  and  appoint  guardians,      33 

Property  attached,  death  of  officer,  &c.              .  .     41 

K. 

Representatives  to  congress,  how  elected, "          .  .     18 

meetings,  how  warned,          ...  18 


48  INDEX. 

Representatives,  time  given  in  the  warning  to  fill  a  vacancy,  19 
Registration  board,  when  to  meet  and  duty  of,  ^  y        18 

Registration  board,  duty  of,        .  .  .  .20 

S. 

Salaries  and  fees,             .             .             .           -:  0&  41,42 

Savings  society  of  Norwich,               ...  38 

School  district  boundary  line,  how  settled,           .  .     40 

Secretary  of  state  to  countersign  deed  of  cession,  .           29 

Secretary  of  state,  de  agricultural  societies,         .  .       4 

de  elections,         .             .  •  /.       26 

Selectmen  in  Hartford  and  New  Haven,  duty  of,  .17 

Selectmen,  duty  of,  at  elections,         .             .  .     20,24 

Sheriff,  when  may  employ  assistants,  &c.            .  .     42 

Sheriffs,  duty  of,  and  election  of,                     .  .     24,  26 

in  case  of  the  death  of  sheriff,  how  to  proceed,  .          41 

Society,  agricultural,       .           '.             .             .  .3,4 

Stratford  probate  district,     .             .             .  .14 

Superior  court,  duty  of,  in  partition  of  lands,        .  .     27 

Superior  court,  when  held  in  Fairfield  county,  .           15 

T. 

Talesman  on  the  jury,  fees  of,                  .  .            .41 

Taxes,  assessment  of,            .            .  .            .            5 

Tenant  for  years,  rights  of,  &c.                .  .             .28 

Towns,  elections  in,               .             .  ._.         .     17,26 

Town  clerk,  duty  of,       .             .            :.  .      17,20,24 

Town  meeting  validated,      .             .  .        .           42 

Treasurer  of  the  county,  de  agriculture,  .            .3,4 

Treasury  of  the  state,            ....  3 

W. 

Warden  of  state  prison,               .            .            .  .13 

Waste  in  certain  cases,          ....  28 

Westbrook  part  of  probate  district  of  Saybrook,  .     13 
Windham  county  bank,         .             .             .             .10,11 

Writs  of  error,  de  capital  offences,           .             .  .12 

Westbrook  to  have  five  jury  men,        ...  37 

Westbrook  a  part  of  the  19th  senatorial  district,  .     39 


PUBLIC  ACTS 


STATE  OF  CONNECTICUT, 

PASSED  MAY  SESSION,  1841. 


PUBLISHED  AGREEABLY  TO  A  RESOLVE  OF  THE  GENERAL  ASSEM- 
BLY, UNDER  THE  SUPERINTENDENCE   OF  THE 
SECRETARY    OF    STATE. 


Stole  of  (Eonnettknt,  so  : 

OFFICE  OF  THE  SECRETARY  OF  STATE,  JUNE,  1841, 


HARTFORD: 

PRINTED  BY  J.  HOLBROOK,  STATE  STREET. 
1841. 


CHAPTER    I. 

An  Act  confirming  the  doings  of  the  Assessors  and 
Board  of  Relief  in  certain  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
several  provisions  of  the  act  passed  in  1833,  entitled 
"  An  Act  confirming  the  doings  of  the  Assessors  and  r°VI"°"*° 

r»  c  T»    r    c  •  n  u  j    ^u  Act  of  1833  re- 

Board  ot  Keliei  in  certain  cases    be,  and  the  same  enacted  confir- 

are  hereby  re-enacted  and  extended  to  all  cases  to  wing  the  doings 

which  the  same  would  be  applicable  if  said  Act  were  ^c  Assessors' 

now  first  enacted :  Provided,  that  no  claim  which  is 

the  subject  of  any  suit  or  action  now  pending,  shall 

be  in  any  manner  affected  by  the  provisions  of  this 

Act. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER  II. 


An  Act  in  addition  to,  and  in  alteration  of  an  Act 
entitled  "an  Act  to  incorporate  the  East  Haddam 
Bank. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
annual  meeting  of  the  Stockholders  of  said  Bank  for  The  Stockhold- 
the  choice  of  Directors,  shall  be  held  on  the  Monday  ers  when  to  hold 
next  preceding  the  last  Tuesday  of  August,  eighteen  *eir  meetpg 

ujj        j  r     ,  j  -jj  for  the  choice  of 

hundred  and  forty  one,  and  on  said  dav  in  each  sue-  Directors  &c 


BANKS. 

ceeding  year  thereafter ;  and  the  term  of  office  of 
the  Directors  elected  at  the  last  annual  election 
shall  expire  on  said  day,  and  the  Directors  elected 
on  said  day  shall  continue  in  office  for  the  period  of 
one  year,  and  that  so  much  of  said  Act  as  is  incon- 
sistent with  the  provisions  of  this  Act  be,  and  the 
same  is  hereby  repealed. 

Approved,  June  7th.  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    III. 

An  Act  in  alteration  of  an  Act,  entitled  "  an  Act  to 
incorporate  the  Thompson  Bank." 

SECT.  1 .     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  hereafter  the  annual  meeting  of  the  Stock- 
holders of  the  Thompson  Bank,  be  held  on  the  sec- 
The  time  of  hoi-  on(^  Tuesday  of  October  in  each  year,  instead  of  the 
Meeting  aTthe  m'st  Tuesday  of  January,  in  each  year,  and  that  the 
Thompson         terms  of  office  of  the  present  Directors  of  said  Bank, 
Bank,  &c.         an(j  jne  terms  of  office  of  the  President  and  Cashier 
of  said  Bank,  now  in  office,  expire  upon  the  election 
•  of  the  new  Board  of  Directors  on  the  second  Tues- 
day of  October  next,  any  thing  in  said  Act  to  the 
contrary  notwithstanding. 

SECT.  2.  Be  it  further  enacted,  That  so  much 
of  said  Act,  entitled  "  an  Act  to  incorporate  the 
Thompson  Bank,"  as  is  inconsistent  with  the  provis- 
ions of  this  Act,  be,  and  the  same  is  hereby  repealed. 

Approved,  June  2d,  1841. 

WILLIAM  W.  ELLSWORTH. 


BOROUGHS. 


CHAPTER    IV. 

All  Act  in  addition  to,  and  in  alteration  of  the  Act, 
entitled  "  an  Act  to  incorporate  the  Merchants 
Bank." 

Whereas,  it  has  been  shown  to  this  Assembly  by 
the  Merchants  Bank  at  Norwich,  that  by  reason  of 
the  payment  of  the  bonus  required  to  be  paid  by  the 
charter  of  said  Bank,  and  by  losses  heretofore  sus- 
tained by  said  Bank,  their  capital  stock  does  not 
now  amount  to  the  sum  of  fifty  dollars  on  each  share 
of  said  stock,  as  by  said  charter  is  provided. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Directors  of  said  Bank  be,  and  they  hereby  are  em-  Capital  stock  of 
powered  to  reduce  the  capital  stock  of  the  same  to  tlie   Merchants' 
a  sum  not  less  than  one  hundred  and  twenty  thou-  Bank  reduced 
sand  dollars,  and  the  shares  of  said  stock  to  a  sum 
not  less  than  forty  dollars  each. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    V. 

An  Act  in  addition  to  the  Act  entitled  "  an  Act  in- 
corporating the  Borough  of  Killingworth." 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  Austin  Olcott,  Esq.  of  said  borough  of  Killing- 
worth,  and  in  case  of  his  absence  for  the  space  of 
thirty  days  after  the  passing  of  this  Act,  George 
Carter,  Esq.  be,  and  he  is  hereby  authorized  and  em- 
powered to  call  a  meeting  of  the  freemen  of  the  said 
borough  to  be  holden  for  the  choice  of  officers,  at 


BOROUGHS. 


the  Academy  in  said  borough  at  such  times  in  the 

months  of  May  or  June,  A.  D.  1841,  as  he  or  they 

may  direct.     A  notification  signed  by  said  Olcott, 

How  to  organ-  or  m  case  °^  n*s  absence  as  aforesaid,  by  said  Car- 

ize  the  Borough  ter,  specifying  the  object,  time,  and  place  of  said 

of  Killing  worth,  meeting,  and  set  upon  the  public  sign  post  in  said 

borough,  at  least  five  days  before  the  day  appointed 

for  said  meeting  shall  be  sufficient  notice. 

The  said  Austin  Olcott,  and  in  his  absence  the 
said  George  Carter  shall  preside  at  the  meeting 
aforesaid,  until  a  Warden  shall  be  chosen  and 
sworn.  The  freemen  of  said  borough  when  con- 
vened as  aforesaid,  shall  have  power  to  appoint  all 
such  officers  as  they  are  authorized  by  law  to  ap- 
point at  their  annual  meeting,  and  the  officers  so 
appointed  shall  continue  in  office  until  the  next  an- 
nual meeting  of  said  corporation,  and  until  others 
are  chosen  and  qualified  in  their  stead. 

SECT  2.  And  be  it  further  enacted,  That  the 
name  of  the  said  borough  of  Killingworth  be  chan- 
ged to  that  of  Clinton,  and  that  this  Act  take  effect 
from  the  time  of  its  passage. 

Approved,  May  27th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    VI. 


An  Act  in  alteration  of  an  Act  entitled  "  an  Act  to 
incorporate  the  City  of  Bridgeport. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
TK        ,  nr  n»   enlistment  of  such  Fire  Companies  as  are  now  au- 

Ihe  time  ol  en-     ,       .       ,  ,       ,  .  r 

Hstment  of  Fire  thonzed  by  law  in  said  City,  shall  take  place  at 
Companies^in  such  time  or  times  as  the  Court  of  Common  Coun- 

SheJT'take     cil  of  said  Cit7'  mav  fr°m  time  to  time  d^ect,  in- 
place.  stead  of  the  time  or  times  now  specified  by  said 


BOROUGHS. 


act  of  incorporation  or  by  any  act  in  addition  to  or 
alteration  of  the  same. 

Approved.  June  7th,  1841. 

WILLIAM  W,  ELLSWORTH. 


CHAPTER    VII. 


An  Act  in  addition  to  an  Act  entitled  "  an  Act  in- 
corporating the  Borough  of  Norwalk." 

SECT.   1 .     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  Warden  and  Burgesses  of  said  Borough  £m  owered  to 
shall  have  power  to  form  and  continue  an  addition-  form  an   addi- 
al  Fire  Company  for  the  further  protection  of  the  tional  Fire  corn- 
property  of  said  Borough,  to  enlist  or  appoint  a  suf-  jJXinJf  "iXr- 
ficient  number  of  men  not  exceeding  twenty-five,  to  walk,  &c. 
fill  up  the  same,  and  to  make  all  necessary  by-laws 
for  the  regulation  thereof. 

SECT.  2.  Be  it  further  enacted,  That  the  sever-  Repealing  Re- 
al resolves  of  the  General  Assembly  passed  in  the  So^iSTand 
years  1809,  1828,  and  1833,  incorporating  the  Nor-  1833*,  de  'Nor- 
walk Fire  Company,  be,  and  the  same  are  hereby  walk  Fire  Corn- 
repealed. 

Approved,  May  27th,  1841. 

WILLIAM  W.  ELLSWORTH. 


COURTS. 


CHAPTER    VIII. 

An  Act  in  addition  to  an  Act,  passed  in  1840,  enti- 
tled "  an  Act  in  addition  to  an  Act  entitled  '  an 
Act  for  the  regulation  of  Civil  Actions.'  " 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  in 
all  cases  in  which  any  personal  property  taken  on 
warrant  or  execution  prior  to  the  first  day  of  Au- 
gust, 1840,  has  been  sold  pursuant  to  the  posting  of 
the  officer  at  the  end  of  twenty  days  from  the  time 
Quieting  act  for  of  posting  excluding  from  the  time  of  computation, 
illegal  sales  of  j^g  fay  of  suc\l  pOStjnor   as  well  as  the  day  of  sale, 

personal    prop-         i  •        n  •          i  •   i        •  i       /-          i          c  A 

erty  by  officers,  an"  in  a"  cases  in  which,  since  the  first  day  of  Au- 
previous  to  the  gust,  1840,  any  personal  property  so  taken,  has 
?£?n  of  ^"f U3t>  been  sold  pursuant  to  the  law  in  force  prior  to  that 

1840— which  re-    ,  ,. 

lates  to  the  time  date,  at  the  end  of  twenty  days  from  the  time  ol 
of  posting  only,  posting — such  sales,  if  in  all  other  respects  legal,  shall 
not  be  deemed  invalid  by  reason  of  such  erroneous 
computation  and  posting,  but  the  same  are  hereby 
confirmed  and  declared  to  be  valid  in  law :  Provi- 
ded, nevertheless,  that  nothing  herein  contained, 
shall  affect  any  suit  commenced  before  the  present 
session  of  the  General  Assembly,  in  which  the  va- 
lidity of  any  such  sale  may  be  brought  in  question. 

Approved,  May  25,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    IX. 

An  Act  to  constitute  the  town  of  Salem  a 
Probate  District. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
Town  of  Salem  sentatives  {n  General  Assembly  convened,  That  the 

constituted  a  _  <-_   ,  y      .     . 

Probate  district,  town  of  fcalem  be,  and  the  same  is  hereby  constitu- 


COURTS. 

ted  a  Probate  District,  by  the  name  of  the  District 
of  Salem  :  Provided,  however,  that  all  matters  and 
business  begun  or  entered  in  the  Courts  of  Probate 
for  the  District  of  Colchester  and  New  London 
shall  be  completed  therein  in  the  same  manner  as 
though  this  act  had  not  been  passed. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    X. 

An  Act  in  alteration  of  an  Act  entitled  "an  Act  for 
constitution  and  regulating  Courts,  and  for  ap- 
pointing the  Times  and  Places  of  holding  the 
same." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
town  of  Canton  be,  and  hereby  is  constituted  a  Pro- 
bate District  by  the  name  of  the  District  of  Can-  £ant?n  Pr°bate 
ton :  Provided,  that  all  matters  and  business  begun 
or  entered  in  the  Court  of  Probate  for  the  District 
of  Simsbury,  shall  be  completed  therein,  in  the  same 
manner  as  if  this  act  had  not  been  passed. 

Approved,  June  7th,  1841. 

WILLIAM  W.  ELLSWORTH. 


10  COURTS. 


CHAPTER    XI. 

An  Act  to  constitute  the  town  of  Ridgefiold  a 
Probate  District. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
town  of  Ridgefield  be,  and  the  same  is  hereby  con- 

Pr»   stituted  a  Probate  District,  by  the  name  of  the  Dis- 
rro-       .  '.  J 

bate  District,  tnct  of  Ridgefield  :  Provided,  however,  that  all 
matters  and  business  begun  or  entered  in  the  Court 
of  Probate  for  the  District  of  Danbury,  shall  be 
completed  therein,  in  the  same  manner  as  though 
this  act  had  not  been  passed. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for 
constituting  and  regulating  Courts,  and  for  ap- 
pointing the  Times  and  Places  of  holding  the 
same." 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, — 

It  shall  be  the  duty  of  the  Clerks  of  the  Superior 

Court,  within  one  week  after  the  termination  of  the 

Clerks'of  the     winter  or  spring  term  of  said  Court  in  their  respec- 

Superior  Court  tive  Counties,  to  transmit  to  the  Chief  Judge  of  the 

to  transmit  a  list  Supreme  Court  a  list  of  cases  pending  for  trial  in 

of  cases  for  trial  the  Court    f  Errors  next  to  be  holden  in  their  sev- 

m  the  Court  of         i  >-,  „  ,. 

Errors,  to  the    eral  Counties,  with  the  names  of  the  attorneys  of 

Chief  Judge,     record  in  each  case,  together  with  such  other  infor- 

&c.,  with  the     niation  as  they  may  possess  as  to  the  number  of 

names  of  the  at.   ,    •   i  L   j  ^     i       i      i  /•       -j 

tomies  on  rec-  tnals  expected  to  be  had  at  the  next  term  of  said 
ord  in  each  case,  Court ;  and  if  upon  such  return  the  Chief  Judge 


COURTS.  1  1 

shall  deem  it  expedient,  he  may,  at  his  discretion,  &c.— power  of 
order  that  the  cases  which  do  or  may  stand  for  trial  P™"  'VL^! 

.  1111  •          I     •  1  *       *        ' 

in  any  county  shall  be  tried  in  some  adjoining  coun-  Counties,  &c. 
ty,  to  be  by  him  designated,  during  the  time  said 
Court  of  Errors  shall  hold  their  then  session  in  the 
county  so  designated ;  notice  of  which  order  shall 
be  given  by  said  Judge  by  causing  a  copy  thereof 
to  be  deposited  in  some  Post  Office  convenient  to 
him,  and  directed  to  said  Clerk  to  be  transmitted  by 
mail,  and  a  like  notice  to  be  published  in  some  pub- 
lic newspaper  printed  in  the  county  from  which 
said  cases  are  to  be  removed,  or  if  there  be  no 
newspaper  printed  in  said  county,  then  in  a  paper 
printed  in  some  adjoining  county,  at  least  4  weeks 
before  the  session  of  said  Court  in  which  said  trials 
are  to  be  had ;  and  the  Supreme  Court  ot  Errors 
may  thereafter  proceed  to  hear  and  render  judge- 
ment, and  issue  execution  in  said  cases  in  the  coun- 
ty so  designated,  as  they  now  may  do  in  the  county 
where  said  cases  originated ;  and  upon  notice  of  the 
result  from  the  presiding  Judge,  the  Clerk  of  the 
county  from  which  said  cases  were  transmitted 
may  enter  up  judgement  and  issue  execution  in  said 
cases  in  the  same  manner  as  if  judgement  had  been 
rendered  in  said  county. 

SECT.  2.     From  and  after  the  first  Tuesday  of 
August  next,  all  writs  of  error  brought  to  the  Su- 
preme Court  shall  be  served  and  returned  to  the  w,      w  . 
Clerk  of  said  Court  at  least  thirty  days  before  the  Error  shall  be 
sitting  of  the  Court  to  which  the  same  are  made  re-  served  and  re. 
turnable,  and  being  so  returned  may  be  transmitted  ^,rnf d  l,°  th.® 

j-    •    •  c          •   ,  •       .J,  Clerk  of  said 

to  an  adjoining  county  for  trial  in  the  same  manner  Court, 
as  cases  arising  on  motions  in  error,  or  motions  for 
a  new  trial. 

SECT.  3.     And  said  Supreme  Court  of  Errors 
may  make  such  further  rules  as  may  be  necessary  The  c°urt  em- 
to  carry  more  fully  into  effect  the  provisions  of  this  ^ake^rules   to 

act.  enforce  the  pro- 

visions   of   this 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


12  COURTS. 


CHAPTER    XIII. 

An  Act  concerning  the  Supreme  Court  of 
Errors. 

SECT.   1 .     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

The  Supreme     That  the  next  session  of  the  Supreme  Court  of  Er- 

in°HaVtfordrr0rS  rors' in  the  county  of  Hartford,  be  holden  in  said 

County,  when    county,  on  the  first  Tuesday  of  July,  A.  D.  1841, 

to  be  holden.      instead  of  the  time  now  by  law  prescribed  for  that 

purpose. 

SECT.  2.  All  process  made  or  to  be  made  re- 
turnable to  the  session  of  said  court  as  heretofore  by 
law  to  be  holden  on  the  second  Tuesday  of  June,  A. 
D.  1841,  and  all  business  or  matters  pending  before 
said  court,  shall  be  proceeded  with,  heard  and  de- 
termined at  said  session,  to  be  holden  on  said  first 
Tuesday  of  July,  A.  D.  1841. 

SECT.  3.  This  Act  shall  be  in  force  from  the 
passage  thereof. 

Approved,  June  9th,  1841. 

>  WILLIAM  W.  ELLSWORTH. 


CHAPTER    XIV. 

An  Act  in  addition  to  an  Act,  entitled  "  an  Act  for 
constituting  and  regulating  Courts,"  and  for  ap- 
pointing the  times  and  places  of  holding  the 
same. 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
Bounty  uourt  to  .     er?  s^a'"  ^e  tnree  Judges  of  the  County  Courts 
be  e]«cte°dUran°-  m  tn*s  State,  who  shall  be  appointed  annually  by 
the  General  Assembly. 

SECT.  2.     The  County  Courts  in  each  county 


COURTS.  13 

shall  hereafter  be  held  by  one  of  the  Judges  of  said  Tne  County 
court,  assigned  for  that  purpose,  as  is  hereinafter  County1"^  ^e 

provided.  held  by  one 

SECT.  3.     The  Judges  of  said  court,  or  a  major-  Judge. 
ity  of  them,  shall  meet  annually  at  such  time  and 
place  as  the  senior  judge  may  appoint,  and  when  so 

met,  shall  assign  the  counties  in  which  they  shall  re-  Judse!f  to  meet 
•1111-1  .,  ,     J  .  annually,    ct/c., 

spectively  hold  said  courts  tor  the  year  then  ensuing ;  to  assign  the 

and  whenever  the  judge  assigned  to  hold  any  term  Counties  for 
of  the  county  court,  shall  by  reason  of  sickness  or  £ a^  Judse  to 

,  {_  j  /•  ,        .         hold  Courts   for 

other  cause,  be  prevented  from  attending  at  the  time  tne  yeart  &c>  jn 

and  place  appointed  therefor,  he  may  by  an  order  case  of  sickness, 
in  writing  under  his  hand,  direct  the  adjournment  of  &c-' ho™  io_^d- 
such  term  of  said  court  to  some  future  time,  to  be  when' the^enior 
by  him  appointed  ;   and  in  case  the  judge  so  assign-  Judge  may  ad. 
ed  shall  be  prevented  from  attending  as  aforesaid,  journ  Courts  as. 
and  shall  fail  to  make  such  order  for  the  adjourn-  j^es  °of°laui 
ment  of  said  term  of  said  court,  then  and  in  that  Court. 
case,  the  senior  judge  of  said  court  not  so  assigned, 
may  direct  in  like  manner,  to  what  time  said  court 
shall  be  adjourned,  and  the  same  shall  be  adjourned 
accordingly. 

SECT.  4.  And  if  any  judge  assigned  as  aforesaid,  jt  a  judge 
to  hold  a  court  in  any  county,  shall  die,  or  be  unable  should  die  or  be 
from  sickness  or  any  other  cause,  to  hold  said  court,  unable  to  h°ld 
or  to  hold  the  same  without  great  inconvenience,  lcc^l\0  c'vlary 
the  senior  judge  may  vary  said  assignment,  and  de-  the  assignment 
signate  another  judge  to  hold  said  court  in  lieu  of  the  °f  saitl  Courts, 
one  so  assigned. 

SECT.  5.     The  judges  of  said  court  when  so  con- 
vened as  aforesaid,  may  appoint  attornies  for  the 
State,  clerks  and  assistant  clerks  of  said  court  for 
the  respective  counties  ;  and  in  case  a  vacancy  shall 
occur  in  either  of  said  offices  when  said  judges  shall  judge8  when 
not  be  so  convened,  the  senior  judge  of  said  court  convened.to  ap. 
may  appoint  such  attorney,  clerk,  or  assistant  clerk,  P,01"1  attornies, 

I  •    •        i        j  u      i  j       u   n  u   u   clerks,  &c.,   to 

who  on  giving  bond  as  by  law  required,  shall  hold  fi)[  vacancjes  in 

said  office  until  the  same  shall  be  filled  by  said  judg-  said  offices,  &c. 
es ;  and  if  at  any  time  during  the  sitting  of  any  coun- 
ty court,  the  judge  holding  said  court  shall  consider 
it  necessary,  he  may  appoint  an  attorney  or  assistant 
clerk  to  execute  the  duties  of  such  office,  at  such 
term  of  said  court,  and  for  a  period  not  exceeding 
thirty  days  thereafter,  as  such  judge  may  order  and 
direct. 


14  COURTS. 

The  Judges  SECT.  6.     And  the  judges  of  said  court  when  so 

when  convened  convene(j  as  aforesaid,  shall  have  power  to  estab- 

to  make  and         ...  r  •        •         i_    • 

alter  rules  of  hsh,  modify,  or  alter  rules  of  practice  in  their  re- 
practice,  in  said  spective  courts,  and  to  make  such  regulations  as  they 
Courts,  &.c.—  deem  expedient,  relative  to  the  admission  of 

To  regulate  the          J  - 

admission  of  at.  attormes  by  the  county  courts  for  the  several  coun- 
tornies,  &c.  ties  in  this  State. 

SECT.  7.     When  any  writ  of  injunction  shall  be 

granted  by  any  judge  of  said  county  court,  when 

the  same  shall  not  be  in  session  at  the  time  of  grant- 

A  writ  of  in.  mg  s£ud  wri^  m  tne  county  where  the  same  is  made 

junction  grant,  returnable,  the  judge  of  said  court  so  granting  said 

ed  out  of  term,  wrjt  may,  if  he  see  cause  therefor,  designate  either 

&c.  how  dissol-      r.  .1       •    -j  c      .  ,  ,  V- 

ved— power  of  °*  *ne  Ju"Ses  °*  sai"  court  to  whom  application  may 
Judge,  &c.        be  made  to  dissolve  said  injunction :  and  the  judge 
so  designated  shall  have  the  same  power  in  the  prem- 
ises as  the  judge  by  whom  said  writ  may  have  been 
granted. 

SECT.  8.     Be  it  further  enacted,  That  the  Coun- 
Powers  of  said  ^  Courts  as  constituted  by  this  act,  shall  and  may, 
Court,  &c.        except  as  hereinafter  provided,  exercise  all  the  pow- 
ers, and  shall  be  subject  to  all  the  duties  exercised  by 
and  imposed  upon  the  said  courts  as  now  constituted. 
SECT.  9.     All   applications  that  shall   be   made 
after  the  twentieth  day  of  June,  A.  D.  1841,  for  the 
appointment  of  a  conservator  of  any  lunatic,  idiot, 
or  distracted  person,  either  by  the  relations  of  such 
idiot,  lunatic,  or  distracted  person,  or  by  the  select- 
men of  any   town,  shall  after  the  notice  now  pro- 
vided by  law  in  such  case,  be  made  to  the  court  of 
probate  in  the  district  to  which  such  person  shall  be- 
Conservators  of       &' an<*  ^  conservator  appointed  by  such  court 
lunatics,  idiots,  °f  probate  shall  give  bond  with   surety,  payable 
&c.,  to  be  ap.  to  the  judge  of  such  court  and  his  successor  in  said 

e80inoVedpToJbadt!;  office  for  the  faithful  discharge  of  his  trust,  and  such 

&c.,  and  the    '  c°urt  of  probate  may  upon  the  application  of  such 

bond  taken  to  conservator,  order  the  sale  of  the  estate  of  such 

bTte^&cfmTy  idiot'  lunatic»  or  distracted  person,  and  all  the  pow- 

order  the  sale  of  ers  now  vested  in  the  county  court  in  relation  to  the 

lunatics  estate,  persons  or  estate  of  such  idiot,  lunatic,  or  distracted 

Sufi*          Person,  shall  hereafter  be  vested  in  such  court  of 

probate,  provided  that  such  notice  be  given  as  is  by 

law  required  on  the  settlement  of  intestate  estates, 

and  provided  always,  that  any  person  who  shall  be 

aggrieved  by  any  order  of  the  court  of  probate  in 


COURTS.  15 

the  matters  aforesaid,  may  within  thirty  days  after 
the  making  of  such  order,  appeal  therefrom  to  the 
county  court  next  to  be  holden  within  and  for  the 
county  in  which  the  court  of  probate  making  such 
order  shall  have  been  held,  upon  giving  bond  to  the 
judge  of  such  court  of  probate  to  prosecute  his  ap- 
peal to  effect  and  to  make  good  all  damages  in  case 
he  shall  fail  so  to  do. 

SECT.   10.     There  shall  be  appointed  annually  by 
the  General  Assembly  three  county  commissioners  in 
each  county,  who  shall  have  all  the  powers,  and  per-  Three  County 
form  all  the  duties,   now  belonging  to  the  county  Commissioners 
court,  by  the  23d  section  of  the  act  to  which  this  is  to  be  appointed 
an  addition  ;  by  the  llth  section  of  the  act  relating  annually-their 

r  ~    D  o  w  c  rs  * 

to  sheriffs,  and  by  the  act  entitled  an  act  concerning 
goals  and  goalers  and  the  several  acts  in  addition 
thereto. 

SECT.  11.     Each  of  said  county  commissioners 
within  the  county  for  which  he  shall  be  appointed 
shall  and  may  exercise  the  same  power  and  authori- 
ty which  are  now  by  law  granted  to  a  judge  of  the 
county  court  in  relation  to  the  administering  of  the  Commissioners 
oath  by  law  provided  for  poor  imprisoned  debtors,  to  administer 
also  such  power  as  is  granted  by  the  act  entitled  an  ?aths.  to  .  P°°r 

,   •        j  j-,-  A',i    j  i    ,•  imprisoned  debt 

act  in  addition  to  an  act  entitled  an  act  relating  to  ors^  &Ctj  when  ; 
turnpike  roads,  by  the  act  directing  proceedings  in  turnpike  roads, 
forcible  entry  and  detainer,  by  the  act  respecting  the  forcible  entries, 
sale  of  personal  property  attached,  and  by  the  act 
authorizing  judges  of  the  county  courts  to  make  or- 
ders of  notice  in  certain  cases. 

SECT.  12.     When  any  petition  shall  be  preferred 
to  any  county  court  for  the  laying  out,  alteration,  or 
discontinuance  of  any  highway,  unless  the  parties 
shall  agree  as  to  the  judgment  that  shall  be  rendered 
in  such  case,  said  petition  shall  be  heard  and  decided  petjtjon  for  ]„„ 
by  the  county  commissioners  at  such  time  and  place,  ing  out,  altera- 
and  with  such  notice  to  those  interested  therein  as  lion  or 


said  county  court  shall  order  and  direct,  and  said    "         ° 


commissioners  shall  and  may  exercise  all  the  powers  whomto  be  tried 
now  by  law  exercised  by  committees  for  laying  out  County  Courts 
highways,  and  no  trial  as  to  the  necessity  and  expe-  "^yA  Set0  *sf]de 

ri      •  u  u-   u  u   11  u          JL        thedoingsof 

diency  or  laying  out  such  highways,  shall  be  had  be-  Commissioners, 
fore  said  county  court,  but  said  court  may  set  aside  when. 
the  doings  of  such  commissioners  for  any  irregular  sfoUffL.  »7X 
or  improper  conduct  in  the  performance  of  the  du-V'S/7^«^ 


16  COURTS. 

ties  to  them  belonging.  Provided,  that  in  all  appli- 
cations for  laying  out  highways  now  pending,  in 
which  a  committee  or  committees  for  laying  out 
said  highways  shall  have  been  appointed,  such  com- 
mittee or  committees  shall  proceed  to  lay  out  the 
same  in  the  same  manner  as  if  this  act  had  not  been 
passed. 

SECT.  13.     No  commissioner  shall  be  disqualified 

from  performing  his  duty  as  such  in  any  case  under 

erisbtereste'din  tne  preceding  section  by  reason  of  his  being  related 

the  event  of  a  to  either  of  the  petitioners  therein ;  but  if  either  of 

suit,  how  to  pro-  sa\d  commissioners  shall  be  directly  interested  in  the 

event  of  said  case,  such  county  court  may  and  shall 

-/--/—:  ^/   appoint  another  person  or  persons  in  the  place  of 

said  commissioner  or  commissioners  so  disqualified. 
.•'  .2- 1  SECT.  14.     Whenever  the  judge  assigned  to  hold 

/If  a  judge  of  the  any  term  of  the  county  court  shall  be  disqualified  to 

dTs^u'alifieTto  "  act  "* tne  tr'a'  °^  anv  case  Penc"ng  in  said  court,  the 
act  in  a  case  in  parties  in  said  case  by  themselves  or  their  attornies 
said  court,  how  by  a  written  agreement  filed  in  such  case,  may  con- 
to  proceed.  sent  ^^  gucj1  ju(jge  shall  act  and  judge  therein  and 

thereupon ;  he  shall  be  fully  authorized  to  act  and 

judge  in  the  same. 

SECT.  15.     When  the  judge  so  assigned  shall  be 

so  disqualified,  and  the  parties  shall  not  consent  that 
When  the  com-  ne  sna]j  act  and  judge  therein  as  aforesaid,  said  case 
try8casesrby  the  if  not  appealable  shall  be  heard  and  decided  by  the 
disqualification  county  commissioners,  or  a  majority  of  them,  not 
of  a  judge  of  the  disqualified  to  act  in  such  case,  but  if  one  only  of 

county  court,  .?  .     .  ,     „  ,  ,.~     ,         .  ,    J 

£,Ct  said  commissioners  shall  be  so  qualified,  said  case 

shall  be  continued  to  the  next  term  of  said  court. 

SECT.  16.  The  salaries  of  said  judges  shall  be 
eight  hundred  dollars  a  year,  payable  at  the  times 
and  in  the  manner  provided  by  law  for  the  payment 
of  the  salaries  of  the  judges  of  the  superior  court  and 
supreme  court  of  errors.  The  county  commission- 
ers shall  be  allowed  for  their  services  as  such  three 

Salaries  of  judg-  dollars  per  day,  and  the  same  fees  shall  be  allowed 

es  of  co.  court,  to  the   jud       an(j   c]     k      f  th  t  of  probate  on 

when    payable,   .1  .. 

$3  per  diem  to  ine  appointment  ot  a  conservator  and  taking  bonds, 
commissioners  as  are  now  allowed  on  the  appointment  of  an  ad- 
for  their  servi.  ministrator  and  taking  bonds ;  and  on  the  granting 

ccs,  feestojudge   _r  /.  r 

and  clerk  of        *  an,  order  of  sale  and  the  allowance  of  a  conser- 

'  prwbate1.          -  valor's  account,  the  same  fees  as  are  now  allowed  for 

t*  <.  k»       -Nthe  like  services  in  relation  to  an  administrators  ac- 


COURTS.  17 

count   and  granting  an  order  for  the  sale  of  the 
estate  of  a  deceased  person. 

SECT.  17.     This  act  shall  be  in  force  from  and 
after  the  20th  day  of  June,  A.  D.  1841,  and  there- 
upon all  acts  and  parts  of  acts  inconsistent  herewith  Act  when  in 
shall   be  repealed.     Provided,    however,    that    the  force,  repeal  of 
judges  who  may  be  appointed  under  this  act  may  other  acts- 
meet  and  make  the  assignment  of  counties  to  the 
judges  of  said  court  as  provided  by  the  second  sec- 
tion of  this  act. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XV. 


An  Act  in  alteration  of  an  act  entitled  "  an  Act  for 
constituting  and  regulating  Courts,  and  for  ap- 
pointing the  times  and  places  for  holding  the  same. 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  no  commissioner  appointed  by  any  court  of 
probate  to  receive  and  decide  upon  claims  against 
any  estate  represented  to  be  insolvent,  or  against 
the  estate  of  any  insolvent  debtor  assigned  for  the 
benefit  of  his  creditors,  shall  be  disqualified  to  dis- 
charge any  duty  as  such  commissioner,  by  reason  of 
any  relation  by  blood  or  marriage,  or  of  landlord  or  ?,ela!lon  by 

.     J  J  .        .  e   '.  .    .          blood'  or    mar- 

tenant  to  any  person  having  a  claim  upon,  or  inter-  riage  not  to  dis. 

est  in  such  estate,  if  no  objection  be  made  on  that  qualify  any  com. 
account  by  any  person  claiming  an  interest  in  such  missloner.  ° :| a» 

'     j-r    J  ^i  •  ,   .1       ,•  r          i     insolvent  estate. 

estate  as  creditor,  or  otherwise,  at  the  time  of  such  or  estate  &ss\sn, 
appointment ;  provided  nevertheless,  it  shall  be  the  ed  to  creditors, 
duty  of  the  court  of  probate  on  the  application  of  t(?  act> &c- if not 
any  creditor  or  other  person  claiming  an  interest  as  gudTby  a°per- 
aforesaid,  at  any  time  before  the  time  limited  by  son  in  interest. 
such  court  for  the  exhibition  of  claims  to  remove  In  what  case 
any  commissioner  or  commissioners  so  appointed  2«lf?^iK*i"k 

,  i/«          i         i  'i-ii  /»        t        sioners  snail  D6 

who  may  be  found  to  be  within  the  degrees  of  rela-  removed. 
3 


18  COURTS. 

tionship  by  blood  or  marriage,  to  any  creditor  or 
person  interested  as  aforesaid,  which  by  the  act  to 
which  this  is  an  addition,  constitute  a  legal  disqualifi- 
cation of  a  judge. 

SECT.  2.     If  such  relationship  shall  not  be  dis- 
covered by  such  creditor  or  claimant  until  after  the 
expiration  of  the  time  limited  for  the  exhibition  of 
claims  against  the  estate,  application  for  such  remo- 
val of  such  commissioner  or  commissioners,  may  be 
made  to  said  court  of  probate  at  any  time  before 
In  case  such  re.  tne  acceptance  by  said  court  of  said  commissioners 
lationshipshould  report.     And  in  case  any  commissioner  shall  be  so 
not  be  known  removed  it  shall  be  the  duty  of  the  court  of  pro- 
— whenob'ec*  ^a*e  *°  appoint  other  commissioner  or  commission- 
tion  may  be       ers,  in  the  place  of  the  person  or  persons  so  remo- 
made.  If  a  com-  ved.     And  such  commissioner  or  commissioners  so 
move0dnteorfirithee  appointed,  being  duly  sworn,  shall  with  the  remain- 
vacancy.  mg  commissioner  or  commissioners  on  said  estate,  if 
any  there  be,  give  due  notice  of  the  times  and  places 
of  their  meetings  as  the  court  of  probate  shall  pre- 
scribe, and  shall  proceed  to  examine  and  allow  such 
claims  only  as  shall  have  been  exhibited  to  the  com- 
missioners on  said  estate,  within  the  period  limited 
and  allowed  by  said  court  of  probate  for  the  exhibi- 
,  tion  of  claims  against  the  same. 

SECT.  3.  Be  it  further  enacted.  That  in  all  cases 
in  which  the  commissioners  or  either  of  them  ap- 
pointed bfc  any  court  of  probate  to  receive,  and  de- 
cide upon  claims  against  any  such  estate,  shall  for 
any  reason  be  legally  disqualified  to  act  therein,  the 
appointment  and  proceedings  of  such  commissioner 
or  commissioners,  shall  not  by  reason  of  such  dis- 
The  nets  of,  dis-  qualifications  be  holden  to  be  void,  but  such  appoint- 
ment  and  Proceedings  before  the  acceptance  of  the 
report  of  such  commissioner  or  commissioners,  by 
the  court  of  probate,  may  be  set  aside  by  such  court, 
and  shall  be  subject  to  appeal,  by  any  person  agriev- 
ed,  as  in  other  cases. 

SECT.  4.     Be  it  further  enacted,  That  in  all  ca- 
No  objection      ses  \n  wnjch  gjjy  commissioner  or  commissioners 

having  been         i        11      j.          ,.,,  *,  _  . 

made,  and  the  legallv  disqualified  as  aforesaid,  shall  have  been  ap- 
time  of  appeal  pointed  by  any  court  of  probate,  and  their  doings 
commfiio^ra  return.ed  to»  ^  accepted  by  such  court,  without 
doings  to  be  objection,  and  no  proceedings  shall  have  been  had  for 
valid.  setting  aside  the  same  and  the  time  limited  by  law 


COURTS.  19 


for  appealing  therefrom  shall  have  elapsed,  without 
such  appeal,  the  doings  of  such  commissioner  or  com- 
missioners shall  not  by  reason  of  any  such  disqual- 
ification, be  holden  to  be  void,  but  the  same  are 
hereby  confirmed  and  declared  valid  to  the  same 
extent  as  they  would  be  if  such  disability  had  not 
existed.  But  nothing  herein  contained  shall  be  con- 
strued to  effect  any  suit  now  pending,  in  which  the 
validity  of  the  proceedings  of  such  commissioner  or 
commissioners  may  be  brought  in  question. 

Approved,  May  27th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XVI. 


An  Act  in  Addition  to  an  Act  for  constituting  and 
regulating  Courts,  and  for  appointing  the  times 
and  places  of  holding  the  same. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That 
whenever  in  any  county  where  more  than  one  term 
is  by  law  designated  for  holding  the  Superior  and  A  judge  of  the 

County  Courts  therein,  the  state  of  the  business  Superior  Court 

«.  *    .  i     11  j-  .   or  Co.  Court 

pending  in  such  courts  shall  require  an  adjournment  may  adjourn  to 

of  the  same  pursuant  to  the  15th  and  18th  sections  such  term  as 
of  the  act  to  which  this  is  an  addition,  the  Judge  Public  conven- 
holding  such  court,  may  adjourn  the  same  to  be  held 
at  such  of   said  terms  as  he  shall    consider    will 
most  promote  the  public  convenience. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


«20  CRIMES    AND    PUNISHMENTS. 


CHAPTER    XVII. 

An  Act  in  addition  to  an  Act  entitled,  "  An  Act  for 
constituting  and  regulating  Courts  and  for  appoint- 
ing the  times  and  places  of  holding  the  same." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
t  town  of  Portland  shall  be.  and  constitute  a  part  of 

rortlanu  a  part  ,  ..  r /-*,       i 

of  the   Probate  the  Probate  district  of  Chatham. 

District  of  Chat- 

ham-  Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XVIII. 


An  Act  in  addition  to  an  Act  concerning  Crimes  and 
punishments. 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

That  the  Supreme  Court  of  Errors  shall  be,  and 

they  hereby  are  authorized  to  make  and  establish 

The  Court  of      rules  by  which  the  expenses  necessarily  incurred  in 

Erj°rs  auuhon"  prosecutions  for  criminal  offences  before  the  Superi- 

rules  foiTexpen-  or  Court  and  not  particularly  provided  for  by  stat- 

ses  in  criminal  ute,  shall  be  taxed  and  allowed  in  the  bills  of  cost  in 

cases,  before  the  sucn  cases  regard  being  had  so  far  as  may  be  in  such 

Supreme  court,    ...  ,i  1111  ^  r 

and  how  taxed,  taxation  to  the  sums  by  law  taxed  and  allowed  for 

&c.  other  costs  in  criminal  prosecutions. 

SECT.  2.  Whenever  any  expenses  shall  be  neces- 
sarily incurred  in  such  prosecution  for  which  no 
particular  provision  shall  have  been  made  by  such 

Expenses  not      rules  nor  by  statute,  such  sums  shall  be  taxed  and 

provided  for  by  allowed  for  such  expenses  as  the  Superior  Court  be- 

-To°beataxredeif  *?**  which  such  Prosecution  shall  be  had  shall  con- 
just  and  reason-  s^er  to  be  just  and  reasonable,  to  be  paid  out  of  the 
able.  public  treasury,  from  which  the  cost  in  such  case 


CRIMES    AND    PUNISHMENTS. 


shall  be  payable,  but  the  same  shall  not  be  taxed, 
against  the  defendent  in  such  case. 

SECT.  3.  Whenever  in  any  prosecution  for  a 
criminal  offence  before  any  County  Court,expenses  The  ru]esof  tne 
shall  be  necessarily  incurred,  not  particularly  provi-  Superior  Court 
ded  for  by  statute,  but  for  which,  when  incurred  in  taxing  such 
in  prosecutions  before  the  Superior  Court,  the  Su-  dedtSfor°b  Ps°at~ 
preme  Court  of  Errors  shall  have  provided  by  rules  ute  in  criminal 
as  aforesaid,  the  same  may  be  taxed  and  allowed  by  cases,  to  be  the 
such  County  Court  in  conformity  to  such  rules  so  es-  ™jf  cV'cotfrt" 
tablished  as  aforesaid. 

SECT.  4.  In  all  cases  when  a  requisition  has 
been  or  shall  be  made  by  the  Governor  of  this  State 
upon  the  Executive  authority  of  any  other  State  for 
the  delivery  of  any  fugitive  from  justice,  the  neces-  when  a  requisi- 

*          /-i  •   •+•  j  ^u  i     f  tlon  sna11  be 

sary  expenses  of  such  requisition  and  the  removal  of  made  by  the 
such  fugitive  shall  be  ascertained  and  allowed  by  the  Governor  of  this 
Superior  Court  for  the   county  within  which  the  State  on  the  Ex- 
•  i  j          •  u  f     -V         u    11  L       11    j       i   ecutive    of    an- 

crime  charged  against  such  fugitive  shall  be  alledged  other  state  for 
to  have  been  committed,  and  shall  be  paid  from  the  an  offender,  the 
treasury  of  the  State.  Provided,  however,  that  no  expenses  to  be 
such  expenses  shall  be  taxed  and  allowed,  unless  the  gjate  ^  allow. 
application  to  said  Superior  Court  for  such  allowance  ed  by  the  Supe. 
shall  be  within  one  year  after  such  expenses  shall  rior  Court  in  the 
have  been  incurred.  S3&. 

committed. 
Approved,  May  28th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XIX. 


An  Act  in  addition  to  an  Act  entitled  an  Act  con- 
cerning Crimes  and  Punishments. 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House  Nine-Pin  alleys 

of  Representatives  in  General  Assembly  convened,  whethenmore  or 

That  if  any  person  or  persons  shall  have  or  keep  in  less  pins  are 

his  or  her  or  their  custody  or  possession,  or  in  any  used,  on  penalty 
house  or  building,  or  its  dependencies, or  in  any  place 

i  .      ,  ," .  •  .  ,.T.       ._.  J  j ,, 

in  his,  her  or  their  occupation,  any  Nme-Pm  Alley, 


CHIMES    AND    PUNISHMENTS. 


so  called,  or  place  for  playing  Bowles,  skittles,  or 
Nine-Pins,  whether  more  or  less  than  nine-pins  are 
used  in  such  play.  Every  such  person  so  offending 
shall  be  punished  by  fine  not  exceeding  fifty  dollars 
nor  less  than  seven  dollars. 

SECT.  2.  The  selectmen  or  a  major  part  of  the 
selectmen  of  any  town  may,  by  an  instrument  in 
writing  under  their  hands  authorize  such  an  alley  to 
be  kept  at  any  place,  when  satisfied  the  same  will  be 
used  solely  for  the  purposes  of  health  and  recreation, 
in  which  case  said  penalty  shall  not  be  incurred,  and 
it  shall  be  their  duty  to  revoke  said  authority,  when- 
ever such  alley  shall  be  used  contrary  to  the  inten- 
tion of  this  act. 

SECT.  3.  One  half  of  the  penalty  recovered  and 
actually  received  from  any  person  for  violation  of 
this  act,  shall  be  paid  over,  under  the  order  of  the 
court  having  cognizance  of  the  offence  to  the  person 
who  shall  complain,  and  furnish  evidence  to  any  in- 
forming officer  of  such  violations. 

SECT.  4.  This  Act  shall  take  effect  from  and 
after  the  first  day  of  July,  1841. 


The  selectmen 
of  a  town  em- 
powered to  au- 
thorize the 
keeping  such  al- 
leys" for  health 
and  recreation. 


One  half  of  such 
penalty — how 
disposed  of — 


When  to  take 
effect. 


Approved,  June  10th,  1841. 


WILLIAM  W.  ELLSWORTH. 


CHAPTER    XX. 

An  Act  in  addition  to  the  Act  entitled  an  Act  con- 
cerning Crimes  and  Punishments. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  if 
any  person  or  persons  shall  willfully  and  designedly 
with  intent  to  cheat  and  defraud  another,  utter  or 
pass  as  money  any  false  token  made  and  executed 
after  the  general  similitude  of  bills  or  checks  of 
banking  companies  or  corporations,  intended  as  mon- 
ey, and  purporting  to  have  been  issued  by,  or  drawn 
upon  a  banking  company  or  corporation  which  has 


COUNTY    WORK    HOUSES.  23 

no  existence,  or  if  existing  has  never  authorized  such  The  altering  or 
drafts  or  checks  thereon,  or  been  furnished  with  eyTn^  SsTto." 
funds  for  the  payment  thereof,  and  shall  by  means  ken  in  simili. 
of  such  false  token  knowingly  and  fraudulently  ob-  t"de  of  bills  or 
tain  from  any  other  person  any  money,  goods,  mer-  S^companii 
chandise  or  other  property,  or  any  release  or  dis-  &c.— how  furn- 
charge  of  any  debt  or  obligation,  or  the  giving  up  of  ished. 
any  promisory  note  or  other  evidence  of  debt,  or 
any  valuable  thing  whatever,  the  person  or  persons 
so  offending,  being  duly  convicted  thereof  shall  be 
punished'in  the  manner  provided  in  the  1 14th  section 
of  the  act  to  which  this  is  an  addition,  or  shall  suffer 
imprisonment  in  the  Connecticut  State  Prison,  for  a 
term  not  less  than  one  year  nor  more  than  three 
years  at  the  discretion  of  the  court  having  cognizance 
of  the  offence. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXI. 

An  Act  for  the  establishment  and  government  of 
County  Work  Houses,  or  Houses  of  Correction. 

SECT.   1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  any  gaol  in  this  State,  shall  have  been 
fitted  and  provided  with  suitable  and  adequate  ac- 
commodations appurtenants  thereto,  to  be  used  as  a 
county  work  house  or  house  of  correction,  the  judge 
of  the  county  court  and  the  county  commissioners 
for  the  county  in  which  such  gaol  shall  be  situated 
shall  certify  the  same  under  their  hands,  or   the  when  gaols 
hands  of  a  majority  of  them,  and  shall  cause  such  be  used  as  coun- 
certificate  to  be  recorded  in  the   records  of  such  ty  work  houses, 
county  ;  and  after  such  certificates  shall  have  been  &c> 
so  made  and  recorded,  it  shall  and  may  be  lawful,  to 
commit  to  such  gaol  all  persons  by  law  subject  to 
imprisonment  in  such  county  work  house  or  house  of 


24  COUNTY    WORK    HOUSES. 

correction,  pursuant  to  the  several  provisions  here- 
inafter contained. 

SECT.  2.     Whenever  any  such  certificate  shall 
have  been  so  made  and  recorded,  it  shall  be  the  duty 
of  the  clerk  of  such  county  court,  to  cause  the  same 
to  be  published  in  the  several  newspapers  printed  in 
The  duty  of       said  county ;  or  if  there  shall  be  no  newspaper  prin- 
county  clerks.     ^e(j  m  gaj^  county,  then  the  same  shall  be  published 
in  such  newspaper  or  newspapers  printed  in  any  ad- 
joining county  or  counties,  as  said  judge  and  county 
commissioners,  or  a  majority  of  them  shall  order  and 
direct. 

SECT.  3.  The  judges  of  the  county  court  and 
the  county  commissioners  in  their  respective  coun- 
ties, may  from  time  to  time,  make  and  establish  rules 

Who   to   estab-  c      '         J          .     .  r          u  i 

lisb  rules  to  reg.  wf  the  regulation  and  government  of  such  work 

ulate  such  work  house  or  houses  of  correction,  and  shall  prescribe 

houses.  an(j  (Jirect  as  to  tne  labor  to  be  performed  by  the 

persons  committed  to  the  same,  and  the  discipline  to 

be  enforced  therein. 

SECT.  4.  The  deputy  gaoler  approved  as  is  pro- 
vided by  the  act  in  addition  to  and  alteration  of  an 
act  entitled  an  act,  concerning  goals  and  goalers, 
passed  May  session,  A.  D.  1837,  shall  be  the  master 

or  keeper  of  such  work  house  or  house  of  correc- 
Who  to  keep  ,      .,  .     ,  ,  .     . 

said  work  hou-  tlon  »  an"  said  Ju<Jge  and  county  commissioners  may, 
ses — who  to  ap.  if  they  shall  see  cause  therefor,  appoint  an  assistant 
pomt  an  assist.  master  or  keeper  of  such  work  house  or  house  of 

ant  master  or  *,  .,  j    j.  ., 

keeper  and  di.  correction  ;  and  may  prescribe  and  direct  as  to  the 
rect  as  to  duties,  duties  to  be  performed  by  them  respectively;  and 
&c.,  to  give  said  master  or  keeper,  and  said  assistant  master  or 

bonds,  &c.  sub.  i  i  •       i   i  •  i    •     i  i 

ject  to  removals,  keeper,  when  required  by  said  judge  and  county 
&c.  commissioners,  shall  respectively  give  bonds  with 

surety  to  the  treasurer  of  the  county,  for  the  faithful 
execution  of  the  duties  of  his  office,  and  shall  be  sub- 
ject to  be  removed  therefrom  by  said  judge  and 
county  commissioners,  when  they  shall  consider  and 
adjudge  that  there  is  sufficient  cause  for  such  re- 
moval. 

SECT.  5.  Whenever  a  country  workhouse  or 
Who  to  appoint  nouse  of  correction,  shall  have  been  provided  as 
inspectors  of  aforesaid  in  any  county,  the  judge  of  the  county 
the^powerT  COUr*  ^  the  commissioners  for  such  county,  shall 
&c.,  term  of  appoint  three  inspectors  of  such  work  house  or 
said  office.  house  of  correction,  whose  powers  and  duties  in  re- 


COUNTY    WORK    HOUSES.  25 

lation  thereto,  shall  be  the  same  as  are  in  and  by 
said  act,  in  the  proceeding  section  mentioned,  in  case 
of  the  inspectors  of  common  gaols ;  and  such  in- 
spectors shall  hold  said  office,  until  others  shall  be 
appointed  in  their  stead. 

SECT.  6.     An  account  of  the  receipts  and  expen- 
ditures of  such  county  work  house  or  house  of  cor-  Am'ts  °f  expen- 
rection,  shall  be  carefully  kept,  and  shall  be  adjusted  ceipmobekept 
and  settled  by  said  inspectors  as  often  as  once  in  each  —by  whom  re- 
year,  and  a  copy  of  said  accounts,  so  adjusted,  shall  adjusted  once  in 
be  lodged  with  the  county  treasurer ;  and   said  in- 
spectors may  direct  as  to  the  manner  in  which  said 
accounts  may  be  kept  by  said  master  or  keeper  of 
said  work  house  or  house  of  correction. 

SECT.  7.     Said  inspectors  of  such  work  house  or 
house  of  correction,   shall   cause  an  account  to  be 
kept  as  accurately  as  may  be,  of  the  avails  of  the 
labor  of  each  person  committed  to  the  same,  except  Am'ts   of  each' 
convicts  for  crime,  who  may  be  sent  to  the  county  persons  labor  to 
work  house,  as  provided  in  the  10th  section  of  this  be  kePl>  avails 
act,  and  shall  apply  such  avails,  first,  to  pay  the  board  how  aPPlied.&c 
and  support  of  such  person  so  confined ;  and  the 
balance  thereof  to  pay  the  costs  of  trial  and  com- 
mitment and  the  fine,  if  any  there  be,  imposed  upon 
said  delinquent  ;  and  if  any  balance  shall  be  still 
remaining,   said  inspectors  shall  apply  the  same  at 
their  discretion,  for  the  support  of  the  family  of  such 
delinquent,  or  otherwise  for  his  benefit. 

SECT.  8.     All  persons  liable  by  law  to  be  com- 
mitted to  any  town  work  house  or  house  of  correc- 
tion, under  and  pursuant  to  the  act  authorizing  towns 
to  erect  work  nouses  or  houses  of  correction,  who 
shall  have  been  duly  convicted  under  said  act,  be- 
fore any  justice   of  the  peace  having  jurisdiction 
thereof,  upon  the  complaint  of  a  grand  juror  of  said  Who  m     be 
town,  may  at  the  discretion  of  such  justice,  be  sen-  committed  to 
tenced  to  be  committed  to  the  town  work  house  or  the  town  work 
house  of  correction,  if  any  there  be  in  such  town,  or  !l°u,le,or  county 

.  ill  f*  *  WOrK  nOUS6 — — • 

to  the  county  work  house  or  house  of  correction,  time  of  commit. 
there  to  be  kept  at  labor  for  a  time  not  exceeding  ment,  &c.,  right 
sixty  days,  and  until  the  costs  of  prosecution  and  °'  aPPeal»vvnen- 
commitment  shall  be  satisfied  ;  and  any  person  who 
shall  be  a  second  time  convicted,  and  sentenced  to 
such  confinement,  may  be  confined  for  a  time  not  ex- 
ceeding one  hundred  and   twenty  days,  and  until 
4 


26 


COUNTY    WORK    HOUSES. 


When  inspect. 
ors  may  dis- 
charge prison- 
er*, &c.,  and 
upon  what 
terms. 


such  costs  of  prosecution  and  commitment  shall  be 
paid  and  satisfied.  Provided,  however,  that  any  per- 
son who  shall  be  convicted  as  is  in  this  section  provi- 
ded, may  appeal  from  the  judgment  of  said  justice  of 
the  peace  to  the  county  court  next  to  be  held  within 
and  for  the  county  in  which  such  justice  court  shall 
have  been  held  on  giving  bond  with  sufficient  surety 
to  prosecute  such  appeal  to  effect,  and  that  the  per- 
son so  convicted  shall  be  of  good  behavior,  and  shall 
keep  the  peace. 

SECT.  9.  Whenever  the  inspector  of  such 
county  work  house  or  house  of  correction,  shall  be 
of  opinion  that  any  person  who  may  have  been  com- 
mitted to  the  same,  under  the  preceding  section  of 
this  act,  has  so  conducted  himself  whilst  so  confined, 
that  he  should  be  no  longer  imprisoned,  or  when  the 
health  of  such  person  so  committed  shall  be  such  as 
to  require  that  he  should  be  discharged  before  the 
expiration  of  said  time  of  imprisonment,  said  inspec- 
tors shall  be,  and  they  hereby  are  authorized  and 
empowered  to  discharge  such  person  from  impris- 
onment, upon  his  paying  and  satisfying  what  may 
remain  due  and  unsatisfied,  of  the  costs  of  prosecu- 
tion and  commitment,  including  his  support  whilst 
so  confined  ;  or  in  case  said  inspectors  shall  be  of 
opinion  that  any  person  so  committed  is  unable  to 
pay  and  satisfy  or  give  security  for  such  costs  said 
inspectors  may  cause  the  note  of  said  person  to  be 
taken  for  such  costs,  payable  to  the  treasurer  of  the 
town  for  which  such  commitment  shall  have  been 
made ;  and  discharge  him  from  imprisonment ;  and 
such  town  shall  be  held  liable  to  pay  and  satisfy  to 
the  treasurer  of  the  county,  any  balance  that  may 
remain  due  and  unsatisfied,  for  the  support  of  such 
person  while  so  confined  as  aforesaid,  and  upon  pay- 
ment thereof  shall  be  entitled  to  receive  such  note 
as  aforesaid. 

For  crimes  com  SECT.  10.  Whenever  any  person  shall  be  con- 
mitted  after  the  victed  of  any  crime  committed  after  the  passage  of 
passage  of  this  this  act,  and  now  punishable  by  imprisonment  in  any 
PUn"  common  Sa°l>  sucl1  person,  at  the  discretion  of  the 
justice  of  the  peace,  or  other  court  before  which 
such  conviction  shall  be  had,  may  be  punished  by 
imprisonment  in  such  common  gaol,  or  in  the 
county  work  house  or  house  of  correction  as  such 


DEEDS    OF    REAL    ESTATE.  27 

justice  of  the  peace  or  other  court  shall  in  such  case 
consider  expedient.  And  upon  any  conviction  fora 
crime  hereafter  committed,  not  punishable  by  im- 
prisonment, if  the  person  so  convicted  shall  fail  to 
pay  any  fine  which  may  be  lawfully  imposed,  or  to 
pay  the  costs  of  prosecution,  he  shall  be  com- 
mitted to  such  county  work  house  or  house  of  cor- 
rection, until  such  fine  and  costs  shall  be  paid  or 
satisfied,  or  until  he  shall  be  discharged  from  such 
imprisonment  in  due  course  of  law. 

SECT.  11.     Whenever  any   person  so  confined  ^hen  the  in- 
shall  be  holden  only   for  the  payment  of  fine  and  specters  may 
costs,  and  shall  have  no  means  to  pay  or  satisfy  the  take  the  note  of 
same,  the  inspectors  of  such  county  work  house  or  anoffenderi&c- 
house  of  correction,  at  their  discretion,  may  take  the 
note  of  such  person  for  such  fine  and  costs,  payable 
to  the  treasury  by  law  liable  for  the  payment  of 
such  cost,  and  he  shall  thereupon  be  discharged  from 
such  imprisonment. 

Approved  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXII. 

An  Act  to  confirm  Deeds  and  other  Conveyances 
of  Real  Estate,  and  for  other  purpose. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  all  Confirmation  of 

''_          ,  ,  .       bonds  and  deeds 

deeds  and  other  conveyances  ol  real  estate,  and  in-  without  seals, 
struments  which  purport  to  have  been  intended  as  &c. 
bonds  with  condition  under  seal,  which  have  been 
executed  without  seal,  shall  be  valid  as  though  the 
same  had  been  sealed :     Provided  that  this  act  shall 
not  affect  any  suit  now  pending. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


DISTRICT SSENATORIAL. 


CHAPTER    XXIII. 

An  Act  in  further  addition  to,  and  alteration  of  an 
Act,  entitled  "an  Act  to  Regulate  the  Election  of 
Senators,  and  to  divide  this  State  into  Senatorial 
Districts  for  that  purpose." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  here- 
after District  number  four  shall  consist  of  the  towns 
The  Towns  for-  of  New  Haven,  Hamden  and  Woodbridge. 

District  number  five  shall  consist  of  the  towns  of 
Milford,  Orange,  Derby,  Oxford,  Middlebury,  Wa- 
terbury,  Bethany,  Wolcott  and  Southbury. 

District  number  six  shall  consist  of  the  towns  of 
Guilford,  Branford,  North  Branford,  East  Haven, 
North  Haven,  Madison,  Wallingford,  Meriden, 
Cheshire  and  Prospect. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


ming  Districts 
No.  4,  No.  5 
and  6. 


District  No.  9, 
of  what  towns 
composed. 

District  No.  10, 
of  what  towns 
to  consist. 

District  No.  18, 
of  what  towns 
formed. 


CHAPTER    XXIV. 

An  Act  in  addition  to,  and  in  alteration  of  an  Act, 
entitled  "  an  Act  to  Regulate  the  Election  of  Sen- 
ators, and  to  divide  this  State  into  Districts  for 
that  purpose." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  here- 
after District  number  nine  shall  consist  of  the  towns 
of  Lyme,  Colchester,  Lebanon,  Montville,  Salem, 
Bozrah  and  East  Lyme. 

District  number  ten  shall  consist  of  the  towns  of 
Fairfield,  Bridgeport,  Stratford,  Huntington,  Wes- 
ton,  Trumbull,  Monroe  and  Westport. 

District  number  eighteen  shall  consist  of  the  towns 
of  Middletown,  Durham,  Chatham  and  Portland. 


ESTATES. 


District  number  nineteen  shall  consist  of  the  towns  District  No.  19, 
of  Haddam,  Chester,  Clinton,  East  Haddam,  Kil- 
lingworth,  Saybrook  and  Westbrook. 

Be  it  further  enacted,  That  the  acts  in  relation  to 
the  election  of  Senators  in  Westport  and  in  East 
Lyme  respectively,  entitled  an  Act  in  addition  and 
alteration  of  an  Act,  entitled  "an  Act  to  regulate  the 
election  of  Senators,  and  divide  the  State  into  Sen- 
atorial Districts  for  that  purpose,  enacted  1835,"  and 
an  Act  entitled  an  Act  in  addition  to,  and  alteration 
of  an  Act,  entitled  "an  Act  to  regulate  the  election 
of  Senators,  and  to  divide  the  State  into  Senatorial  Repealing 
Districts  for  that  purpose,  enacted  1839,"  be,  and  ° 
the  same  are  hereby  repealed. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XXV. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  for 
the  Settlement  of  Estates,  Testate,  Intestate,  and 
Insolvent." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives   in    General    Assembly    convened,    That 
whenever  it  shall  appear  to  the  Court  of  Probate  in 
which  the  estate  of  any  deceased  person  shall  be  in 
a  course  of  settlement,  that  such  estate  consists 
wholly  of  personal  property,  and  that  after  setting 
out  to  the  widow  of  said  deceased,  if  any  there  be, 
such  necessary  household  furniture  and  other  goods, 
by  law  exempt  from  execution,    and  such  allow- 
ance for  the  support  of  the  widow  and  family  of  said  Sa'e  of  personal 
deceased,  as  said  Court  of  Probate  shall  consider  ^4^**' 
proper,  the  residue  of  said  estate  will  not  be  more  for  the  benefit 
than  sufficient  to  pay  and  satisfy  the  debts  and  tax-  of  particular 
es  against  said  deceased,  due  this  State,  the  funeral  Persons- 
charges  and  the  expenses  of  the  last  sickness  of  said 
deceased,  with  the  charges  of  settling  said  estate, 


'30  ESTATES. 


said  Court  of  Probate  may  order  notice  given  to  all 
persons  interested  in  such  estate,  to  appear  before 
said  Court  to  be  heard  in  the  premises,  and  if  no 
sufficient  cause  be  shown  to  the  contrary,  said  Court 
shall  ascertain  the  amount  of  such  debts,  charges 
and  expenses,  and  after  making  such  allowance  for 
the  support  of  said  widow  and  family,  as  said  Court 
shall  deem  proper,  and  setting  out  to  her  necessary 
household  furniture  and  other  goods,  exempt  from 
execution,  shall  order  the  sale  of  so  much  of  said  es- 
tate as  will  pay  such  debts,  charges,  and  expenses  as 
aforesaid ;  and  if  upon  due  return  of  sales  of  such 
estate  it  shall  be  found  that  the  whole  of  the  same 
will  be  required  for  the  purposes  aforesaid,  the  set- 
tlement of  said  estate  may  be  completed  and  closed 
without  the  appointment  of  commissioners  to  liqui- 
date the  claims  against  said  estate.  Provided  how- 
ever, that  nothing  herein  contained  shall  deprive  any 
creditor  of  said  estate  of  the  right  of  appeal  from 
such  orders  or  decrees  of  said  Court  of  Probate. 

Approved,  June  2d,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXVI. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  for 
the  Settlement  of  Estates,  Testate,  Intestate,  and 
Insolvent." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That 
If  an  Executor  whenever  the  executor  of  any  last  will  and  testa- 
or  Administra.  ment,  or  the  administrator  of  the  estate  of  any  de- 
Kfore  thVse?"  ceased  Pers°n  has  died  or  resigned,  or  been  removed 
tlement  of  an  ^rom  SEUd  office  of  executor  or  administrator,  or  shall 
estate  is  closed,  hereafter  die,  resign,  or  be  removed  from  such  office 
Judge  X  Proh°  before  the  segment  of  the  estate  of  such  deceased 
bate  in  such  person  shall  have  been  fully  completed,  the  Court  of 
case.  Probate  to  which  the  settlement  of  such  estate  may 


ESTATES.  31 


appertain,  may  appoint  an  administrator  in  the  place 
of  such  administrator,  or  an  administrator  with  the 
will  annexed,  in  the  place  of  such  executor,  who 
shall  have  died,  resigned,  or  been  removed  from  of- 
fice as  aforesaid,  notwithstanding  the  time  by  law 
limited  for  the  granting  of  administration  upon  such 
estate  shall  have  expired  before  such  appointment. 

Approved,  May  25th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXVII. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  for 
the  Settlement  of  Estates,  Testate,  Intestate,  and 
Insolvent." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly   convened,  That  the 
bond  required  to  be  given  by  any  person  appealing 
from  the  order,  sentence,  denial,  decree  or  judgment  payable,  on  an 
of  a  Court  of  Probate,  or  from  the  report  of  the  aPPeal  f"rom  an 
commissioners  in  allowing  or  rejecting  a  claim  or  de-  &c° of Sa  Court6' 
mand  upon  an  insolvent  estate,  shall  be  made  paya-  Of  Probate,  &c, 
ble  to  the  Judge  of  Probate  and  his  successor  in 
office. 

Approved,  May  31st,  1841. 

WILLIAM  W   ELLSWORTH. 


32  FRAUDULENT  CONVEYANCES. 


CHAPTER  XXVIII. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  in 
addition  to  an  Act  against  Fraudulent  Convey- 
ances." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives   in    General   Assembly    convened,    That 
whenever  any  person  shall  be  aggrieved  by  the  do- 
ings of  commissioners,  in  allowing  or  rejecting  any 
claim  or  demand  upon  any  estate  assigned  for  the 
benefit  of  creditors,  pursuant  to  the  Act  in  addition 
A  person  ag.       to  an  Act,  entitled  "an  Act  against  fraudulent  con- 
grieved  by  do.     veyances,"  and  the  matter  in  demand  shall  exceed 

ings  of  Commis-        J  '  ,  , 

sioners  on  es.      the  sum  ot  seventy  dollars,  such  person  so  aggrieved, 
tate  assigned  for  may  within  fifteen  days  after  the  report  of  the  com- 
<Teeinltn>dover  *    missioners  shall  have  been  returned  to  the  Court 
$70,  may  ap.     °f  Probate,  appeal  to  the  next  Superior  Court  of 
peal  to  Superior  the  County  within  which  the  debtor  who  shall  have 
Court,  &c.         so  assigned  his  estate,  had  his  place  of  residence  at 
the  time  of  such  assignment.     Provided,  however, 
that  sufficient  bond  with  surety  shall  be  given  by 
the  party  so  appealing,  payable  to  the  Judge  of  Pro- 
bate, or  his  successor  in  office,  to  prosecute  the  ap- 
peal to  effect,  and  answer  all  damages  in  case  he  shall 
not  make  his  plea  good,  and  the  trial  in  said  Supe 
rior  Court  of  any  issue  in  fact  formed  by  the  plead- 
ing of  the  parties,  shall  at  the  request  of  either  party 
be  by  the  Jury. 

Approved,  May  28th,  1841. 

WILLIAM  W.  ELLSWORTH. 


GENERAL    ASSEMBLY.  33 


CHAPTER    XXIX. 

An  Act  to  provide  for  the  Organization  of  the 
General  Assembly. 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  the  presiding  officer  in 
the  meeting  of  electors  in  the  respective  towns  in  Elections  to  re- 
this  State  for  the  choice  of  Representatives  to  the  turn  to  the  See- 
General  Assembly,  to  make  return  to  the  Secretary  [J^names  'of6 
of  State  of  the  name  or  names  of  the  person  or  Representatives 
persons  who  may  be  chosen  by  entering  the  same  chosen,  and  in 
on  the  certificate  of  votes  for  Senators  now  by  law  what  manner- 
required  to  be  made  and  transmitted  to  the  said 
Secretary. 

SECT.  2.    Whenever  the  Representative  or  Rep- 
resentatives of  any  town  shall  be  chosen  at  an  ad- 
journed Elector's  Meeting,   it   shall   be   the  duty  of  If  chosen  at  an 
the  presiding  officer,  within  two  days  thereafter,  to  toremeeting,60 
cause  a  certificate  of  the  election  of  the  person  or  duty  of  presid- 
persons  so  chosen  to  be  deposited  in  the  Post  Office  ing  officer  when 
in  such  town,  or,  if  there  be  none,  in  the  Post  Of-  J^iJ^JJng. 
fice  of  an  adjoining  town,  directed  to  the  Secretary 
of  State. 

SECT.  3.     It  shall  be  the  duty  of  the  Secretary 
of  State,  before  the  meeting  of  the  General  Assem- 
bly, to  make  a  Roll  of  the  members  of  the  House  of 
Representatives,  whose  names  shall  have  been  re- 
turned by  the  presiding  officer    of   the  Elector's  Secretary  of 
meetings  in  manner  aforesaid,  or  (in  case  of  the  omis-  State  to  make 
sion  of  such  return)  of  whose  election  he  shall  re-  ^^  °£  ^° 
ceive  the  certificate  of  such  presiding  officer  at  any  resentatives, 
time  before  the  meeting  of  the  House  of  Represen-  and  how— to  be 
tatives,  in  which  Roll  the  names  of  the  members  Jfemberdf'tJe 
shall  be  arranged  in  the  order  of  the  respective  House,  &c. 
Counties  as  heretofore  customarily  practised ;  and 
a  certified  copy  of  the  Roll  so  prepared  from  the 
certificates  of  the  presiding  officer  of  the  Electors 
meetings  shall  be  delivered  by  the  Secretary  to  a 
member  of  the  House  of  Representatives  for  the 
use  of  the  House  in  the  organization  thereof. 

SECT.  4.     It  shall  be  the  duty  of  the  Secretary 
5 


34  LANDS. 

Secretary  of       of  State  to  prepare  for  the  use  of  the  Senate,  be- 
S  RlV0fplZare  fore  the  meeting  of  the  General  Assembly,  a  like 

a  Koll  ot  the         T»    11  •   /•    i  i  ri_o  i        • 

Senate,  of  the     Koll  ot  the  members  ot  the  senate,  whose  election 
Senators  de.       shall  have  been  duly  canvassed  and  declared  by  the 
dared  elected.    Boarcj  of  Canvassers,  as  provided  in  the  Constitu- 
tion of  this  State. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXX. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  pre- 
scribing the  number  of  Jurymen  for  each  town 
in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Number  of  Ju-  town  °^  Poland,  in  Middlesex  County,  shall  be, 
rymen  in  Port,    and  is  hereby  entitled  to  select  nine  Jurymen  and 
land.  no  more,  in  the  manner  and  for  the  purposes  pre- 

scribed in  the  act  regulating  Civil  Actions,  and  that 
the  town  of  Chatham  shall  hereafter  be  entitled  to 
select  nine  Jurymen  and  no  more. 

Approved,  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XXXI. 


An  Act  in  addition  to  an  Act,  entitled  "  an  Act  con- 
cerning Lands." 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Repi-esentatives  in  General  Assembly  convened, 


LEATHER.  35 

That  no  award  of  arbitrators  hereafter  made  pur-  When  an  award 

porting  to  decide  the  right  or  title,  in,  or  boundary  sh^fb^cfmis 

of  any  real  estate  shall  be  admissable  as  evidence  for  sable  evidence 

the  proof  of  such  right,  title,  or  boundary,  unless  the  {9  decide  the 

submission  of  the  parties  to  such  arbitration  be  un- 

der  their  hands  and  seals,  attested  by  two  witnesses 

and  acknowleged   before  a    magistrate,    or    other 

proper  officer,  in  the  manner    required  by  law  for 

the    acknowledgment    of  deeds;   nor  unless    such 

award  be  in  writing  and  under  the  hands  and  seals 

of  the  arbitrators. 

SECT.  2.     Every  such  submission  and  award  shall 
be  recorded  at  length  by  the  Register  or  Town  Clerk  Submission  and 
of  the  town  where  such  real  estate  lies,  and  shall  award  to  be 
not    be  accounted  good  and  effectual  against  any  recorded»  &c- 
person  or  persons,  but  the  parties  to  the  same  and 
their  heirs,  unless  recorded  as  aforesaid. 

SCOT.  3.  This  act  shall  not  be  so  construed  as  to 
ratify  or  impair,  or  in  any  way  affect  any  award 
heretofore  made. 

Approved,  May  20th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER     XXXII. 

An  Act  authorizing  the  inspection  of  Leather,  Hides 
and  Skins. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
several  Cities  in  this  State  be,  and  they  are  here- 
by  authorized  to  ordain  by-laws  regulating  the  in-  make  by-laws 
spection  of  Leather,  Hydes  and  Skins,  within  their  f°r  inspecting 
respective  limits  :  Provided,  that  no  penalty  imposed  J£**e ^  J8» 
for  the  violation  of  such  by-law  shall  exceed  the  sum  not  to  exceed 
of  twenty  dollars  for  any  one  offence.  $20  for  an  of. 

fence. 

Approved,  June  9th,  1841. 

WM.  W.  ELLSWORTH. 


36 


MUSIC. 


A  School  Fund 
debt  fully  paid, 
may  be  dischar- 
ged in  writing 
by  the  Treasur- 
er &c.,  witness, 
ed  and  recorded 
&c. 


CHAPTER    XXXIII. 

An  Act  relating  to  the  discharge  of  Mortgages  to 
the  School  Fund. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That 
whenever  a  debt  due  to  the  State  or  the  Treasurer 
thereof,  for  the  benefit  of  the  School  Fund,  shall  be 
fully  paid,  and  the  same  has  been  secured  by  mort- 
gage of  real  estate  in  this  State,  a  written  discharge 
of  such  mortgage  under  the  hand  and  seal  of  such 
Treasurer,  witnessed  by  two  witnesses,  ac- 
knowledged before  any  officer  authorized  to  take 
the  acknowledgment  of  deeds,  and  recorded  in  the 
records  of  the  town  where  the  land  lies,  shall  be 
as  effectual  to  disincumber  the  property  from  such 
mortgage  as  if  the  same  was  released  by  deed  of 
quit  claim. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


Capt.  General 
empowered  to 
form  Bands  of 
Music,  one 
Band  to  each 
Regiment. 
Each  Band  to 
consist  of  not 
less  than  12  or 
more  than  25 
persons,  to  fur- 
nish themselves 
with  instru- 
ments— to 


CHAPTER    XXXIV. 

An  Act  entitled  an  Act  for  the  organization  of  Reg- 
imental Bands  of  Music. 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened,  That 
the  Captain  General  be  authorized  and  empowered  to 
form  to  each  of  the  Regiments  of  Militia  in  this 
State,  or  to  so  many  of  them  as  he  shall  think  prop- 
er, a  Band  of  Music. 

SECT.  2.  Each  Band  so  established,  shall  con- 
sist of  not  less  than  twelve,  nor  mere  than  twenty- 
five  musicians,  all  of  whom  shall  furnish  themselves 
with  suitable  instruments,  and  shall  choose  a  Captain 


MUSIC.  37 

and  other  proper  officers,  who  shall  receive  war-  choose  them. 
rants  from  the   Commander   of  the   Regiment  to  £^2211 
which  said  Band  shall  be  attached.  warrants. 

SECT.  3.     The  commanding  officer  of  each  Regi- 

»irr»  I 

ment  to  which  any  Band  formed  by  the  provisions      ,  ° 

„    .  .  i     11  i  i      i       i     ii          i  -i   out  said  Bands. 

of  this  Act  shall  be  attached,  shall  order  out  said 
Band  whenever  said  Regiment  shall  be  called  out. 

SECT.  4.  The  commanding  officer  of  a  Band  or- 
ganized by  the  provisions  of  this  Act,  shall  order 
said  Band  to  assemble  for  practice  and  instruction  The  Captains  of 

i      Ai  j      i  v.       i     11  j-  ^  said  Bands  may 

at  such  other  times  and  places  as  he  shall  direct,  not  or(jer  out  sajd 
exceeding  two  days  in  each  year,  and  shall  have  the  Bands  two  days 
same  power  over  the  members  of  said  Band  for  the  j.n  each  y.ear 
imposition  and  collection  of  fines,  and  for  all  other  ^  p^Jr  uT 
purposes,  as  the  commander  of  the  companies  of  the  collect  fines  &c. 
Militia  of  this  State  have  over  the  members  of  the 
same. 

SECT.  5.     Every  person  while  he  continues   a 
member  of  a  Band  thus  organized,  shall  be  exempted 
from  the  performance  of  Military  duty  in  any  com- 
pany of  the  Militia  of  this  State,  and  shall  be  subject  Members  to  be 
to  all  and  the  same  fines  and  penalties  to  which  the  exempted  from 
members  of  said  Militia  companies  are  subject,  and  dut^  ^J-lsub. 
have  the  rights  of  notice  and  appeal  from  fines  in  the  ject  to  fines, 
same  manner  as  said  Militia  companies  ;  and  all  fines  &c->  ^ppe^' 
collected  from  the   members  of  said  Band,  shall  be  appropriated. 
appropriated  for  the  benefit  of  the  Band  in  which 
said  fines  are  collected,  for  purchasing  and  keeping 
in  repair  Musical  Instruments,  and  for  teaching  and 
instructing  its  members  in  the  science  of  music. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


38  NEW  HAVEN. 


CHAPTER  XXXV. 

All  Act  to  amend  the  charter  of  the  City  of  New 
Haven. 

SECT.  1 .     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

That  the  Court  of  Common  Council  of  the  city  of 

New  Haven,  shall  have  power  from  time  to  time,  as 

public  convenience  may  require,  to  designate  and  fix 

The  Common     the  width,  course,  heighth  and  level  of  Gutters,  in  and 

Council  m  New  UpOn  the  streets  and  high-ways  in  said  city,  and  to 

Haven,   powers  .,  ,  ,  J  .    .,  J         c  ,, 

of:  to  fix  width  cause  the  same  to  be  paved  at  the  expense  of  the 

of  gutters  in  N.  adjoining  proprietors  ;  and  the  several  provisions  of 

Haven :  to  pave  the  Act  entitled  "  an  Act  regulating  the  side  walks 

in  the   cities  of  Hartford,  New  Haven,   and  Mid- 

dletown,"  are  hereby  extended  to,  and  shall  govern 

the  proceedings  of  said  Court  of  Common  Council 

in  relation  to  gutters,  except  so  far  as  the  same  may 

be  inconsistent  with  the  provisions  of  this  act. 

SECT.  2.     The  act  to  amend  the  charter  of  the 
city  of  New  Haven,  passed  May  session  1840,  is 
Repealing  the     nereby  repealed.     Provided,  nevertheless,  that  this 
act  of  1840 :  as-  act  shall  not  be  in  force,  unless  the  same  shall  be 
sent  required  of  assented   to  by  the   Mayor,   Aldermen,  Common 
to ^aHdate  this  Council  and  Freemen  of  said  city,  at  a  meeting  legal- 
act,  ly  holden  for  that  purpose,  and  the  evidence  of  their 
assent  transmitted  to  the  Secretary  of  this  State,  to 
be  recorded  in  the  public  records  thereof,  on  or  be- 
fore the  first  day  of  August,  1841. 

Approved  June  9th,  1841. 

WILLIAM  W.  ELLSWORTH. 


M:W  HAVEN.  39 


CHAPTER    XXXVI. 


An  Act  for  the  farther  protection  of  the  New  Ha- 
ven Burying  Ground,  styled  in  the  Act  of  incorpo- 
ration the  New  Burying  Ground  in  New  Haven. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  any 
person  who  shall  without  the  consent  of  the  corpo- 
ration, wilfully  and  wantonly  destroy,  mutilate,  de- 
face, injure  or  remove  any  tomb,  monument,  grave 
stone  or  other  structure  placed  in  the  new  burying 
ground  in  New  Haven,  or  any  wall,  fence,  railing,  Damages  done 
gateway,  or  other  work  for  the  protection  or  orna-  ^  tHI^en&bcljrin 
ment  of  said  burying  ground,  or  for  the  protection  ;ng  ground,  to 
or  ornament  of  any  lot,  tomb,  grave  stone,  or  other  be  punished  by 
work  within  the  limits  of  said  burying  ground,  or  fine  or  imPri8- 
shall  wilfully  and  wantonly  destroy,  remove  cut, 
break  or  injure  any  tree,  shrub  or  plant,  within  the 
limits  of  said  burying  ground,  or  shall  discharge  any 
gun,  or  other  fire  arms  within  the  limits,  or  against 
any  part  of  the  same,  its  inclosure,  works  or  orna- 
ments, except  on  funeral  solemnities,  under  command 
of  a  military  officer,  every  such  person  so  offending, 
shall  be  punished  by  a  fine  not  less  than  one,  nor 
more  than  fifty  dollars,  or  by  imprisonment  in  a 
common  jail  not  exceeding  ninety  days,  or  by  such 
fine  and  imprisonment  both,  at  the  discretion  of  the 
court  having  cognizance  of  the  offence.  Provided, 
that  no  Justice  of  the  Peace  for  any  such  offence, 
shall  inflict  a  greater  punishment  than  a  fine  of  seven 
dollars  and  imprisonment  not  exceeding  thirty  days ; 
but  if  such  offence  in  the  opinion  of  said  Justice  be 
of  so  aggravated  a  nature  as  to  require  a  greater 
punishment,  the  offender  shall  be  bound  over  to  the 
next  County  Court  to  answer  for  such  offence. 

Approved,  May  31st,  1841. 

WILLIAM  W.  ELLSWORTH. 


40  PElJLAttS. 


CHAPTER   XXXVII. 

An  Act  for  the  regulation  of  Pedlars. 

SECT.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  any  person  going  from  house  to  house,  either 
on  foot  or  otherwise,  carrying  to  sell,  or  exposing  to 

r>      .  ..      r    sale,  any  goods,  wares  or  merchandise,  which  are 
Description  of  a     ,  i  r  r  • 

pedlar  within  the  growth  or  manufacture  or  any  foreign  country, 
the  Statute.  or  any  jewelry,  plated  ware  or  essences,  or  any  cot- 
ton, woolen  or  silk  goods,  (excepting  only  sewing 
silk,  cotton  and  linen  threads,  woolen  yarn  and  stock- 
ings, knit  from  such  thread  or  yarn)  which  are  the 
growth,  produce  or  manufacture  of  the  United 
States,  shall  be  deemed  a  pedlar. 

SECT.  2.     Any   person  who  shall  be  a  pedlar 

without  having  a  license  therefor,  agreeably  to  the 

®es?ia.'ty<i£ri0™  .    provisions  of  this  act,  shall  forfeit  and  pav  a  sum  not 

JjjsoU  to  8R1UU,  to    *  ,.  ,          i       i    i    11  i*       ,.  r-        i    i 

peddle  without    exceeding  one  hundred  dollars,  nor  less  than  fifty  dol- 
a  license.  lars,  one  half  to  him  who  shall  sue  therefor  and  pros- 

ecute his  suit  to  effect,  and  the  other  half  to  the 
Treasury  of  this  State. 

SECT.  3.     Every  pedlar  shall  pay  for  his  license, 

Duty  to  be  paid  ^  f°r  one  vear  a  duty  of  twenty  dollars,  if  for  six 

fora  license  to  months,of  twelve  dollars,  or  iffor  three  months,ofsev- 

peddle.  en  dollars,  together  with  the  sum  of  seventy -five  cents 

to  the  Clerk  of  the  Court  for  administering  the  oath 

and  making  out  the  license,  as  hereinafter  provided. 

SECT.  4.     Such  licenses  shall  be  in  the  following 

form,  viz.  State  of  Connecticut,  County  of 

Be  it  known  that  license  is  hereby  granted 

Form  of  the  li-  to  A.  B.  of  in  the  County  of  and  State 

cense.  of  to  be  a  pedlar  within  this  State  for 

from  this  date.     Given  under  my  hand  this         day 
of  A.  D.  Clerk  of  County  Court 

for  County. 

SECT.  5.     Any  person  applying   for   a   license, 
shall  produce  and  deliver  to  such  clerk  of  the  Coun- 
ty Court,  a  certificate  signed  by  two  Justices  of  the 
Qualification      ?eacefor  such  County,  that  the  persons  so  applying 
necessary  to  ob.  1S  ^own  to  such  Justices  of  the  Peace,  and  that 
tain  a  license:    he  is  of  a  good  moral  character;  and    he    shall 


PEDLARS.  41 


also  make  oath  that  he  is  the  person  named  in  to  make  oath 
such  certificate,  which  oath  such  Clerk  is  hereby 
authorized  to  administer  and  endorse  upon  said 
certificate  ;  and  said  Clerk  receiving  said  certificate, 
and  the  payment  of  the  duty  and  Clerk's  fees  as 
heretofore  provided,  shall  deliver  to  the  person  so 
applying,  a  license  for  the  term  of  time  for  which 
payment  shall  have  been  made  as  aforesaid.  All 
certificates  so  received  by  said  Clerk  shall  be  by  him 
retained  and  kept  on  file,  and  said  Clerk  shall  be 
allowed  a  commission  of  five  per  cent,  on  the 
amount  of  duty  by  them  received  as  aforesaid. 

SECT.  6.     If  any  person  shall  counterfeit  any  li- 
cense    to   any  pedlar,  or   shall    alter  any   license  onment,  nor 
granted  as  aforesaid,  or  shall  utter  and  publish  as  more  than  5 
true  any  counterfeit  license,  he  shall  be  on  convic- 
tion  thereof  confined  at  hard  labor  in  the  State  Pris-  terfeiti'ng  a  li. 
on  for  a  term  not  less  than  two  years,  nor  more  cense, 
than  five  years. 

SECT.  7.     Every  pedlar  who  shall  offer  for  sale 
any  goods,  wares  or  merchandise,  in  any  town  in 
this  State,  for  the  sale  of  which  a  license  is  by  this 
act  required,  shall  when  thereto  required  by  any 
Justice  of  the  Peace,  Grand  Juror  or  Selectman  of  When  and  to 
such  town,  exhibit  and  show  his  license  as  aforesaid  ^u'stowhis' 
to  such  Justice  of  the  Peace,  Grand  Juror  or  Select-  license,  on  pen- 
man, and  on  his  failure  so  to  do,  shall  forfeit  and  pay  alty  of  $15. 
to  the  Treasury  of  such  town,  the  sum  of  fifteen 
dollars. 

SECT.  8.  This  act  shall  take  effect,  and  be  in  When  said  act 
force,  from  and  after  the  first  day  of  September  shall  take  effect, 
next. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


42  PROVISIONS. 


CHAPTER   XXXVIII. 

An  Act  in  addition  to  the  Act  entitled  "  an  Act  to 
regulate  the  Inspection  of  Provisions  and  other 
articles  of  commerce." 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General   Assembly  convened, 

That  all  pork  in  barrels  or  half  barrels,  intended  to 

Pork  how  fat.     be  exported  to  any  market  out  of  this  State,  shall  be 

tened  and  pack-  of  swine  well  fatted,  and  shall  be  distinguished  and 

ed  for  exP°r'a-    branded  in  the  manner  specified  in  the  act  to  which 

tion  out  of  this     ^,  .     .  iv.-          i       ,i  i 

State  and           tms  )s  an  addition,  by  the  names  clear,  mess,  one 
branded.  hog, prime  or  cargo  pork;  clear  pork  shall  be  pack- 

ed only  from  hogs  of  a  superior  quality,  weighing  not 
less  than  two  hundred  and  fifty  pounds,  and  shall 
consist  of  rib  pieces,  with  the  addition  (at  the  discre- 
tion of  the  inspector)  of  the  rump  and  top  of  the 
shoulder,  but  with  the  back  bone  and  thin  part  of 
the  flank  taken  out. 

SECT.  2.     That  quality  of  beef  which  is  denomin- 

beNo ^beef     ated  in  ^  act  "Prime  Beef  No-  V  shall  hereafter 

and  so  branded    be  denominated  "No.   1  Beef,"  which  designation 

on  barrels  and     shall  with  the  weight  be  branded  on  one  head  of 

half  barrels :       eacn  barrel  and  half  barrel  containing  the  same,  in 

spcctors  and       ^eu  °^  tne  brand  now  required  in  said  act. 

packers:  penal-       SECT.  3.     The  duties  of  inspectors  and  packers, 

ties  for  viola-      an(J  tne  penalties  and  forfeitures  for  any  violation 

of  the  provisions  of  this  act,  shall  be  in  all  respects 

the  same  as  if  the  denominations  herein  designated 

had  been  originally  specified  in  the  act  to  which  this 

is  an  addition. 

Approved,  May  20th,  1841. 

WILLIAM  W.  ELLSWORTH. 


SCHOOLS.  43 


CHAPTER    XXXIX. 


An  Act  in  addition  to  an  Act,  entitled  "  an  Act  con- 
cerning Schools." 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House' 
of  Representatives  in  General  Assembly  convened, 
That  the  first  meeting  of  any  new  School  District  thefef meeting 
may  be  called  and  held  by  virtue  of  a  notice  from  of  a  new  school 
the  Committee  of  the  School  Society  to  which  such  district :  notice 
District  belongs,  on  the  written  application  of  any         g'ven. 
five  residents  therein,  who  pay  taxes :  which  notice 
shall  prescribe  and  designate  the  time  and  place,  and 
specify  the  objects  of  such  meeting,  and  shall  be  duly 
put  up  or  otherwise  given,  at  least  five  days  pre- 
vious to  the  holding  of  the  same. 

SECT.  2.     If  there  is,  or  shall  at  any  time  be,  a 
School  District  in  which  no  newspaper  is  published, 
and  there  be  no  District  school  house  nor  sign  post 
therein,  and  no  other  place  of  putting  up  notice  or 
mode  of  giving  notice  has  been  designated  by  such 
District,  the  Committee  of  the  School  Society,  to  The  Committee 
which  such  District  belongs,  may  determine  and  ^fcaSJ" 
direct  at  what  place  or  places,  the  notice  calling  a  give  notice,  and 
meeting  of  such  District  shall  be  put  up,  or  in  what  place  where, 
other  mode  the  same  shall  be  given. 

SECT.  3.     This  act  shall  take  effect  from  the  pas- 
sage thereof. 

Approved,  May  llth,  1841. 

WILLIAM  W.  ELLSWORTH. 


44  SCHOOLS. 


CHAPTER    XL. 

An  Act  concerning  Common  Schools. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  as  follows  : 

I.  SCHOOL  SOCIETIES. 

School  Society.       SECT.    1.     Every  school  society  established  as 
such  by  the  General  Assembly,  and  the  inhabitants 

living  within  the  limits  of  any  ecclesiastical  society 
What  consti-  .,   ,        ,  ,.     .  J  ,  Jf 

tuteg>  incorporated  with  local  limits,  or  such  proportions  ot 

the  same  as  have  not  been  specially  incorporated, 
shall  constitute  a  school  society,  and  as  such  shall  be 
Powers  of.  a  kociy  corporate,  and  respectively'  have  power  to 
establish  and  maintain  common  schools  of  different 
grades ; 

To  purchase,  receive,  hold  and  convey,  any  real 
or  personal  property  for  school  society  purposes  ; 
To  build  and  repair  school  houses ; 
To  lay  taxes ; 
To  sue  and  be  sued ;  and 

To  make  all  lawful  agreements  and  regulations 
for  the  useful  education  of  all  the  children  of  the 
society. 

Annual  meet-         SECT.  2.     Every  school  society  shall  hold  an  an- 

mg  when  held.    nuaj  mcetmg  on  tne  second  Monday  of  September, 

or  on  the  first  Monday  of  October  in  each  year,  for 

the  choice  of  officers,  and  the  transaction  of  any 

business  relating  to  such  society,  and  shall  also  hold 

Special  meeting  a  special  meeting  whenever  the  same  shall  be  duly 

called. 

Who  may  call,  ^ne  scn°°l  committee  of  the  society,  or  if  there 
be  no  committee,  the  clerk  may  call  a  special  meet- 
ing whenever  they  shall  think  necessary  or  prop- 
er, and  they  shall  call  a  special  meeting  on  the 
written  request  of  any  ten  residents  therein  qualified 
to  vote,  which  request  shall  state  the  object  of  call- 
ing  the  same. 

Place  for  hold-          *  n  .  .     ,,   . 

ing  Society  A"  s°ciety  meetings    shall  be  held  at  the   usual 

meeting.  place  of  holding  the  same,  unless  some  other  place 


SCHOOLS.  45 


shall  have  been  designated  at  a  regular  meeting 
of  the  society. 

Notice  of  the  time  and  place  of  every  annual 
meeting,  and  of  the  time,  place  and  object  of  every 
special  meeting,  shall  be  given  at  least  five  days  in- 
clusive previous  to  holding  the  same. 

The  school  society  committee,  or  if  there  be  no 
such  committee,  the  clerk  shall  give  the  notice  of  Notice  of  meet- 
any  society  meeting,  either  by  publishing  the  same  j^8'  ^eiT'and 
in  a  newspaper  printed  in  the  society,  or  by  put-  where  given, 
ting  the  notice  on  a  sign  post  therein,  or  in  some 
other  mode  previously  designated  by  the  society. 
But  if  there  be  no  such  newspaper,  nor  sign  post, 
nor  other  mode  designated,  such  school  committee 
or  clerk  may  give  the  notice  in  such  mode  as  they 
may  deem  proper,  and  the  person  or  persons  call- 
ing or  notifying  any  such  meeting,  shall  furnish  the 
clerk  of  the  society  with  a  copy  of  such  notice,  on 
or  before  the  day  of  holding  the  same. 

Every  person  residing  in  the  society  qualified  to 
vote  in  town  meeting,  may  vote  in  school  society  Who  may  vote, 
meeting. 

Every  meeting  may  choose  its  own  moderator, 
and  may  adjourn  from  time  to  time  to  meet  at  the  AdJ°urnment- 
same  or  any  other  place. 

SECT.  3.     Every  school  society  at  the  annual  officers  when 
meeting  shall  choose  a  clerk,  a  school  committee  of  chosen, 
one  or  three  persons,  a  board  of  school  visitors  not 
exceeding  nine  persons,  a  treasurer  and  a  collector, 
who  shall  hold  threir  respective  offices  until  the  next  Tenure  of. 
annual  meeting,  and  until  others  are  chosen  or  ap- 
pointed. 

Whenever  any  vacancy  shall  occur  in  any  office 
in  the  society  by  death,  removal  or  otherwise,  the  JjgJ110168  how 
school  committee  for  the  time  being  may  fill  the 
same  in  their  own  number  or  otherwise,  and  make 
return  to  the  clerk  of  the  society. 

And   any   person   legally  chosen   or   appointed, 
who  shall  refuse  or  neglect  to  discharge  any  duty 
imposed  by   this  or  any  other  act   in  relation  to  Pen?lly  f°r  not 
schools,  or  the  education  of  children,  shall  forfeit  servingl 
the  sum  of  five  dollars,  to  be  collected  by  the  treas- 
urer of  the  society  for  the  use  of  schools. 

SECT.  4.     The  clerk  shall  be  sworn  to  a  faithful  c)erk  must  be 
discharge  of  the  duties  of  his  office  by  the  modera-  sworn, 
tor  of  the  meeting,  or  by  a  justice  of  the  peace  ; 


46  SCHOOLS. 


Shall  keep  a  record  of  the  notices  and  the  pro- 
Duties  and  pow.  ceedings  of  the  society,  a  copy  of  which,  duly  at- 
ers-  tested,  shall  be  legal  evidence  in  all  courts ; 

Shall  preserve  on  file  all  reports  made  to  the  so- 
ciety, and  perform  all  other  duties  appropriate  to 
his  office. 

School  commit-       SECT.  5.     The  school  committee  shall  have  the 
tec.  care  and  management  of  any  property  or  funds  be- 

longing to  the  society,  and  shall  lodge  all  bonds,  leas- 
Powers  and  du-        &    p          j     ^u 
tjCSi  es,  notes  and  other  securities,  with  the  treasurer, 

except  so  far  as  the  same  has  been,  or  shall  be,  en- 
trusted to  others  by  the  donor  or  grantor,  or  by  the 
General  Assembly,  or  by  the  society. 

They  shall  pay  to  the  treasurer  all  money  which 
they  may  collect  and  receive  for  the  use  of  schools ; 

They  shall  settle  and  describe  the  boundary  lines 
of  any  new  school  district,  or  of  any  existing  dis- 
trict, or  parts  of  a  district  within  their  limits,  where 
the  lines  are  not  now  settled  and  described,  when 
applied  to  by  the  district,  and  shall  cause  the  same 
to  be  entered  on  the  records  of  the  society  ; 

They  shall  designate  the  time,  place,  and  object  of 
holding  the  first  meeting  of  any  new  district ; 

They  shall  give  due  notice  of  all  meetings  of  the 
society ; 

They  shall  make  return  of  the  number  of  per- 
sons over  four,  and  under  sixteen  years  of  age  in 
said  society,  to  the  comptroller,  and  draw  orders  on 
the  same  for  any  portion  of  public  money  due  to 
said  society,  as  hereinafter  prescribed  ; 

They  shall  draw  all  orders  on  the  treasurer  of  the 
society,  and  perform  all  other  lawful  acts  which 
may  be  required  of  them  by  the  society,  or  which 
may  be  necessary  to  carry  into  full  effect  the  pow- 
ers of  school  societies. 

Treasurer  must      SECT.  6.     The  treasurer,  when   required,  shall 
give  bonds.        give  bond  in  such  amount  as  shall  be  prescribed  by 
the  society,  and  with  such  sureties  as  shall  be  ap- 
proved by  the  school  society  committee,  for  the 
faithful  discharge  of  his  duty : 

Powers  and  du-      Shall   receive  and  take  care  of  all  money,  leases, 
ties.  bonds,  notes  and  other  securities  of  the  funds  or 

property  of  the  society,  except  those  specially  en- 
trusted to  others  by  the  donor  or  grantor,  or  by  law, 
and  deliver  and  pay  over  the  same  to  the  order  of 


SCHOOLS.  47 


the  committee,  and  render  his  account  at  the  annual 
meeting. 

SECT.  7.     The  collector  shall  collect  and  pay  to  Collector.  ^ 
the  Treasurer  all  taxes  or  rates  laid  by  the  society, 
and  by  a  warrant  from  a  justice  of  the  peace  shall 
have  the  same  power  to  collect  and  levy  such  taxes 
in  and  beyond  the  limits  of  such  society,  as  collect-  ^GIS 
ors  of  town  taxes,  and  be  liable  in  the  same  way  for 
refusal  or  neglect. 

SECT.  8.     The  board  of  visitors  shall  prescribe  School  visitors 
rules  and  regulations  for  the  management,  studies,  must  prescribe 
books,  classification  and  discipline  of  the  schools  in  ru 
the  society ; 

Shall  themselves,  or  by  a  committee  by   them 
appointed  for  this  purpose,  examine  all  candidates  Examine  teach- 
as  teachers  in  the  common  schools  of  such  society,  crs. 
and  shall  give  to  those  persons  with  whose  moral 
character,  literary  attainments,  and  ability  to  teach 
they  are   satisfied,  a  certificate  setting  forth  the  Give  certificates 
branches  he  or  she  is  found  capable  of  teaching: 
Provided,  that  no  certificate  shall  be  given  to  any 
person  not  found  qualified  to  teach  reading,  writing, 
arithmetic  and  grammer  thoroughly,  and  the  rudi- 
ments of  geography  and  history  ; 

Shall  visit  all  the  common  schools  of  said  society  Visit  schools. 
twice  at  least  during  each  season  for  schooling,  once 
within  four  weeks  after  the  opening,  and  again 
within  four  weeks  proceeding  the  close,  the  school, 
at  which  visits  they  shall  examine  the  register  of 
the  teacher,  and  other  matters  touching  the  school 
house,  library,  studies,  discipline,  mode  of  teaching, 
and  improvement  of  the  school ; 

Shall  annul  by  a  major  vote  of  said  visit  ors,  the  Annul  certifi- 
certificates  of  such  teachers  as  shall  be  found  un-  cate8' 
qualified,  or  who  will  not  conform  to  the  law  and 
the  regulations  adopted  by  the  visitors ; 

Shall  make  out  returns  of  the  condition  of  each  Make  returns  to 

common  school  within  their  limits,  in  such  particu-  bo.ar^  of  com' 

,      .  ,  f.         I   .    .         nussioners. 

Jars,  and  at  such  times,  as  the  board  or  commission- 
ers of  common  schools  may  specify  and  direct ; 

And  shall  submit  to  the  society  at  their  annual  Submit  an  an. 
meeting,  a  written  account  of  their  own  doings,  and  nual  ReP°rti 
of  the  condition  of  the  several  schools  within  their 
limits  for  the  year  proceeding. 

The  board  of  visitors  may  appoint  a  committee  of 


48 


SCHOOLS. 


School  of  a 
higher  order. 


Appoint  sub      one  or  two  persons,  to  exercise  all  the  powers,  and 
committee.        perform  all  the  duties  of  said  visitors,  subject  to  their 
rules  and  regulations  ;  and  such  committee  shall  re- 
Compensation,    ceive  one  dollar  each  per  day  for  the  time  actually 
employed  in  performing  said  duties,  and  such  other 
compensation  as  the  society  may  direct,  to  be  paid 
out  of  the  income  of  the  town  deposite  fund,  or  in 
any  other  way  which  said  society  may  provide. 

SECT.  9.  Whenever  a  common  school  of  a  high- 
er grade,  for  the  older  and  more  advanced  children 
of  either  sex,  shall  be  established  and  maintained  by 
any  society,  such  school  shall  be  subject  to  the  man- 
agement of  the  board  of  visitors,  unless  otherwise 
directed  by  the  society,  and  shall  receive  such  pro- 
portion of  all  money  provided  for  the  support  of 
common  schools  in  such  society,  as  the  number  of 
scholars  attending  such  high  school  shall  be  to  the 
whole  number  attending  all  the  other  common 
schools  of  the  society. 

SECT.  10.  Every  school  society  may  establish 
and  maintain  a  library  for  the  use  of  the  children 
thereof,  under  such  rules  and  regulations  as  said  so- 
ciety may  adopt,  and  such  library  may  be  kept  to- 
gether at  some  convenient  place,  or  be  distributed 
into  several  parts,  for  the  convenience  of  the  several 
districts. 

SECT.  11.  Whenever  the  boundary  line  be- 
tween any  two  school  societies  is  not  clearly  settled 
and  defined,  it  shall  be  the  duty  of  the  school  com- 
mittees of  such  societies  to  settle  and  define  the 
same ;  and  in  case  they  cannot  agree,  said  commit- 
tees shall  appoint  some  disinterested  person  or  per- 
sons to  settle  and  define  said  line,  whose  decision 
shall  be  final ;  and  the  boundary  line  thus  settled 
and  defined,  shall  be  entered  on  the  records  of  the 
two  societies. 


School  Society 
Library. 


Boundary  lines 
how  settled. 


•School  districts 
how  formed  &c. 


II.  SCHOOL  DISTRICTS. 

SECT.  12.  Each  school  society  shall  have  power 
to  form,  alter,  or  dissolve  school  districts  within  its 
limits,  and  any  two  or  more  societies  may  form  a 
district  of  adjoining  portions  of  their  several  socie- 
ties, and  may  alter  and  dissolve  the  same  ;  and  such 


SCHOOLS.  49 


district  shall  belong  to  the  society  in  which   the  To  what  80C"e- 
school  house  shall  be  situated.     Provided,  that  no  £*£*" 
new  district  shall  be  formed  with  less  than  forty  NO  district  with 
persons,  over  four,  and  under  sixteen  years  of  age ;  less  than  forty 
nor  shall  any  existing  district,  by  the  formation  of  a  chlldren< 
new  one,  be  reduced  below  the  same  number  of  like 
persons.     Provided  further,  That  no  alteration  shall 
be  made  in  the  limits  of  any  district  incorporated  by  incorporated 
special  act  of  the  General  Assembly,  unless  such  al-  district  how  al- 
terations be  asked  for  or  confirmed  by  a  meeting  of  tered> 
said  district  warned  for  that  purpose. 

SECT.  13.  When  any  two  or  more  districts  shall  4-™*°.^  proper. 
be  consolidated  into  one,  the  new  district  shall  own  ty  of  the  several 
all  the  corporate  property  of  the  several  districts.  districts. 

When  a  district  shall  be  divided,  the  funds  and  prop-  „  ,  ,. 

,       .  ,  , '      ,  r  u    i         •         Property  of  di. 

erty,  or  the  income  and  proceeds  thereof,  belonging  vided  districts. 
to  such  district,  shall  be  distributed  among  the  seve- 
ral parts,  in  proportion  to  the  number  of  persons 
between  the  ages  of  four  and  sixteen  in  each,  and  in 
case  the  distribution  shall  not  be  made  before  the 
district  is  divided,  and  the  several  parts  cannot 
agree,  the  committee  of  the  school  society  shall  dis- 
tribute the  same. 

SECT.  14.     Every  school  district  shall  hold  an  Annual  meeting 
annual  meeting  on  the  first  Tuesday  of  September  when  held- 
in  each  year,  for  the  choice  of  officers,  and  for  the 
transaction  of  any  other  business  relating  to  schools 

in  said  district,  and  shall  also  hold  a  special  meeting  ~ 

i  L   11   i       j    i  Special  meeting 

whenever  the  same  shall  be  duly  called. 

The  district  committee  may  call  a  special  meeting 
whenever  such  committee  shall  think  necessary  or  when  called, 
proper,  and  shall  call  a  special  meeting  on  the  written  and  by  whom, 
request  of  five  residents  therein  qualified  to  vote, 
which  request  shall  state  the  object  of  calling  the  /' 

same.  _, 

District  meetings  shall   be   held  at  the  district  Place  ofhoid. 
school  house.      If  there  be  no  school  house,  the  ing  meetings, 
committee  shall  determine  the  place  of  meeting.     If 
there  be  no  committee,  the  clerk  shall  determine  the 
same.     If  there  be  no  committee  and  no  clerk,  the 
committee  of  the  society  to  which  such  district  be- 
longs shall  determine  the  place  of  meeting,  which 
shall  in  all  cases  be  within  the  limits  of  the  dis- 
trict. 

Notice  of  the  time  and  place  of  e\ery  annual  Nonce  of  annu. 


50 


SCHOOLS. 


al  meeting. 
Of  special  meet- 
ing. 


Who  shall  give 
notice. 


Manner  in 
which  notices 
shall  be  given. 


Who  may  vote. 
Adjournment. 


Names,  &c.  of 
districts  must  be 
recorded. 


Boundary  lines, 
how  settled. 


Powers  of 
school  districts, 
Purchase  &c. 
property. 

Build  &c. 
school  houses. 

Maps  and 
globes. 

School  library. 
Teachers. 


meeting,  and  of  the  time,  place,  and  object  of  every 
special  meeting  of  the  district,  shall  be  given  at  least 
five  days  inclusive,  previous  to  holding  the  same. 

The  district  committee,  or  if  there  be  no  such 
committee,  the  clerk,  or  if  there  be  no  committee 
and  no  clerk,  then  the  committee  of  the  society  shall 
give  the  notice  of  a  district  meeting  either  by  pub- 
lishing the  same  in  a  newspaper  printed  in  the  dis- 
trict, or  by  putting  the  notice  on  the  district  school 
house,  or  on  the  sign  post  within  the  district,  or  in 
some  other  mode  previously  designated  by  the  dis- 
trict ;  but  if  there  be  no  such  newspaper,  school 
house,  nor  sign  post,  nor  other  mode  so  designated, 
then  the  committee  of  the  school  society  to  which 
such  district  belongs,  shall  determine  how  and  where 
the  notice  shall  be  given. 

Every  person  residing  in  the  district  qualified  to 
vote  in  town  meeting,  may  vote  in  district  meet- 
ings. 

Every  meeting  may  choose  its  own  moderator, 
and  may  adjourn  from  time  to  time,  to  meet  at 
the  same  or  some  other  place. 

SECT.  15.  The  name  or  number  and  limits  of 
every  school  district,  shall  be  entered  on  the  records 
of  such  district,  and  on  the  records  of  the  school  so- 
ciety to  which  such  district  belongs. 

Whenever  the  boundary  lines  of  any  district  are 
not  clearly  settled  and  defined,  the  school  commit- 
tee of  the  society  in  which  the  district  is  situated, 
shall  settle  and  define  the  same  ;  and  when  parts  of 
such  district  lie  in  two  or  more  societies,  the  com- 
mittee of  the  school  society  in  which  any  such  part 
is  situated,  shall  settle  and  define  the  boundary  lines 
of  such  part. 

SECT.  16.  Every  school  district  shall  be  a  body 
corporate,  and  shall  have  power  to  sue  and  be  sued  ; 

To  purchase,  receive,  hold  and  convey  any  real  or 
personal  property  for  school  purposes  ; 

To  build,  purchase,  hire  and  repair  school  houses, 
and  to  supply  she  same  with  fuel,  furniture  and  other 
other  appendages  and  accommodations  ; 

To  purchase  maps,  globes,  black  boards,  and  other 
school  apparatus  ; 

To  establish  and  maintain  a  school  library  ; 
To  employ  one  or  more  teachers ; 


SCHOOLS.  51 


To  lay  taxes,  and  to  make  all  lawful  agreements  Lay  taxes- 
and    regulations    for    establishing    and   conducting 
schools,  not  inconsistent  with  the  regulations  of  the  Regulation  of 
school  society  to  which  such  district  belongs.  schools. 

SECT.  17.     Each  school  district  shall  choose,  at  nff.        f 

,  .  .  (Jmcers  or 

the  annual  meeting,  a  committee  of  not  more  than  school  districts, 
three  residents  of  the  district,  a  clerk  who  shall  be 
sworn,  a  treasurer  and  collector,  who  shall  hold  their  Tenure  of  of- 
respective  offices  until  the  next  annual  meeting,  and  fice> 
until  others  are  chosen  or  appointed  ;  and  any  per- 
son so  chosen  who  shall  refuse  or  neglect  to  perform  p     ,    f 
the  duties  of  the  office,  shall  pay  five  dollars  to  the  serving, 
treasurer  of  the  district,  for  the  use  of  said  district ; 
provided  that  any  new  district  may  choose  their  of- 
ficers at  their  first,  or  at  any  subsequent  meeting 
called  by  a  committee  of  the  society,  who  shall  hold 
their  office  till  the  next  annual  meeting  of  school  dis- 
tricts. 

SECT.  18.  In  case  any  district  at  the  time  for  the 
annual  meeting,  shall  fail  or  neglect  to  appoint  all  or  Vacancies,  how 
any  of  the  officers  required  by  this  act,  or  any  va-  filled- 
cancy  shall  occur  by  death,  removal  from  the  dis- 
trict, or  otherwise,  it  shall  be  the  duty  of  the  com- 
mittee of  the  school  society  to  which  such  district 
belongs  to  make  such  appointment,  and  to  fill  such 
vacancy,  on  receiving  written  notice  thereof  from 
any  three  members  of  the  district,  and  lodge  the 
name  or  names  of  such  officers  so  appointed,  with 
the  district  clerk.  District  commit- 

SECT.  19.  The  district  committee  shall  give  no-  Q^e  notice  of 
tice  of  all  meetings  of  the  district  in  the  manner  pre-  district  meet, 
scribed ;  ini8- 

Shall,  unless  otherwise  directed  by  the  district,  ^ploy  te 
employ   one  or  more  qualified  teachers ;  provide  Provide  school 
suitable  school  rooms,  and  furnish  the  same  with  fuel  rooms. 
properly  prepared ; 

Shall  visit  the  schools  by  one  or  more  of  their  Visit  schools. 
number,  twice  at  least,  during  each  season  of  school- 
ing ; 

Shall  see  that  the  scholars  are  properly  supplied  gee  that  bookg 
with  books,  and  in  case  they  are  not,  and  the  pa-  are  provided, 
rents,  guardians  or  masters,  have  been  notified  there- 
of by  the  teacher,  shall  provide  the  same  at  the 
expense  of  the  district,  and  add  the  price  thereof  to 


SCHOOLS. 


Snspend  or  ex- 
pel  bad  pupils. 


Give  informa- 
tion, &c. 


Clerk,  treasurer 
and  collector. 
Powers  and  du- 
ties of. 


Site  of  school 
house,  how  de- 
termined. 


the  next  school  tax  or  rate  of  such  parents,  guar- 
dians, or  masters ; 

Shall  suspend  during  pleasure,  or  expel  from 
school  during  the  current  season,  all  pupils  found 
guilty  on  full  hearing,  of  incorrigibly  bad  conduct ; 

And  shall  give  such  information  and  assistance  to 
the  school  committees  and  visitors  of  the  society,  as 
they  may  require,  and  perform  all  other  lawful  acts 
as  may  be  required  of  them  by  the  district,  or  which 
may  be  necessary  to  carry  into  full  effect  the  pow- 
ers and  duties  of  school  districts. 

SECT.  20.  The  clerk,  treasurer  and  collector  of 
each  school  district  shall  exercise  the  same  powers, 
and  perform  the  same  duties  in  their  respective  dis- 
tricts, as  the  clerk,  treasurer  and  collector  of  school 
societies  do  in  their  respective  societies. 

SECT.  21.  The  vote  of  two  thirds  of  any  legal 
meeting  shall  be  necessary  to  fix  the  site  of  a  new 
school  house,  or  to  change  the  site  of  an  old  one  ;  but 
if  such  vote  of  two  thirds  cannot  be  obtained  in  favor 
of  any  site,  the  committee  of  the  school  society,  or 
the  committees  of  the  school  societies,  in  which  such 
district  is  located,  on  application  of  the  district,  shall 
fix  the  site,  and  make  return  thereof  to  the  clerk  of 
the  district,  and  to  the  clerk  of  the  society  in  which 
such  site  shall  be. 


Union  districts. 
How  formed. 


Powers  of. 


Annual  meet- 
ing. 


UNION    DISTRICT. 

SECT.  22.  Any  two  or  more  adjoining  school 
districts  may  associate  together  and  form  a  union 
district,  with  power  to  maintain  a  union  school,  to  be 
kept  for  the  benefit  of  the  older  and  more  advanced 
children  of  such  united  districts,  if  the  inhabitants  of 
each  of  such  districts  shall,  at  legal  meetings  called 
for  that  purpose,  vote  to  form  such  union. 

SECT.  23.  Any  union  district  thus  formed  shall 
have  all  the  powers  of  other  school  districts,  and 
shall  hold  its  first  meeting  for  the  choice  of  officers 
and  the  transaction  of  any  other  business  on  such 
notice,  and  at  such  time  and  place  as  may  be  direct- 
ed by  the  committees  of  the  districts  thus  united. 

SECT.  24.  The  annual  meeting  of  such  union  dis- 
trict shall  be  held  at  such  time  and  place,  and  upon 
such  notice,  as  the  district  may  presci  ibe  ;  and  no- 


SCHOOLS. 


tice  of  all  meetings  shall  be  given  as  provided  for  in  Notice  of  school 
the  case  of  school  districts.  J^jfi  how 

SECT.  25.     Every  union  district  may  choose  a  Officers, 
committee  of  one  or  three  persons,  a  clerk,  a  treas- 
urer, and  a  collector,  who  shall  have  all  the  powers,  Powers  of. 
and  discharge  all  the  duties  in  reference  to  such  dis- 
trict, which  like  officers  have  and  discharge  in  other 
school  districts. 

SECT.  28.     The   union  district   committee   shall  Management 
determine  the  age  and  qualification  of  the  children  and  superinten- 
who  may  attend  the  union  school,  and  make  rules  ^^,  of  union 
and  regulations  for  the  studies,  books  and  discipline 
of  the  school,  subject  to  the  regulations  of  the  visit- 
ors of  the  school  society  to  which  said  union  district 
belongs,  and  to  any  vote  of  the  district. 

SECT.     27.     Every   union  shool   schall   receive  Pr°p°rtion  of 

c    if  ,  c  public  money 

such  proportion  ot  ail  money  accruing  to  the  use  of  belonging  to 

each  of  the  united  districts,  as  the  number  of  chil-  union  school. 

dren  attending  the  union  school  from  each  of  said 

districts,   is  to  the  number  attending  the  district 

school  in  each ;  and  the  expense  of  sustaining  the 

school  beyond  the  amount  thus  received,  shall  be  ExPfnse  of,  be- 

borne  by  the  union  district,  in  such  manner  as  the  celpts  of  public 

legal  voters  of  the  same  shall  prescribe ;  and  a  tax  money,  how 

or  rate  for  this  purpose  may  be  assessed  and  collect-  borne- 

ed  in  the  same  manner  as  in  the  case  of  any  other 

school  district. 


III.  TEACHERS. 

Teachers  must 

SECT.  28.     No  teacher  shall  be  employed  in  any  have  certificate 
school  supported  by  any  portion  of  the  public  money,  of  qualification, 
until  he  or  she  has  received  a  certificate  of  examin- 
ation and  approbation,  signed  by  a  majority  of  the 
board  of  visitors,  or  by  all  the  committee  by  them 
appointed,  nor  shall  any  teacher  be  entitled  to  draw 
any  portion  of  his  or  her  wages,  so  far  as  the  same  is 
paid  out  of  any  public  money  appropriated  by  law 
to  schools,  unless  he  or  she  can  produce  such  certifi- 
cate, dated  previous  to  the  opening  of  his  or  her  When  a  new 
school ;  provided  that  no  new  certificate  shall  be  certificate  is  not 
necessary,  when  the  teacher  is  continued  in  the  same  re<iuired- 
school  more  than  one  term,  unless  the  visitors  shall 
require  it. 


SCHOOLS. 


Must  keep  re- 
gister. 


Make  out  an 
abstract  of  the 


SECT.  29.  It  shall  be  the  duty  of  every  teacher 
in  any  common  district  school,  to  enter  in  a  book,  or 
a  register  to  be  provided  by  the  clerk  at  the  ex- 
pense of  the  district,  the  names  of  all  the  scholars 
attending  school,  their  ages,  the  date  when  they  com- 
menced, the  length  of  time  they  continue,  and  their 
daily  attendance,  together  with  the  day  of  the  month 
on  which  such  school  was  visited  by  the  school  vis- 
itors of  the  society,  or  committee  by  them  appointed, 
which  book,  or  register,  shall  be  open  at  all  times  to 
the  inspection  of  all  persons  interested,  and  be  de- 
livered over  by  the  teacher  at  the  close  of  the  term, 
to  the  district  clerk,  together  with  a  certified  ab- 
stract, showing  the  whole  number  of  pupils  enrolled, 
the  number  of  males  and  femals,  and  the  average 
daily  attendance ;  and  it  shall  be  unlawful  to  pay 
any  teacher  more  than  two-thirds  of  the  amount 
due  for  any  term  of  tuition,  until  said  book  and  cer- 
tified abstract  shall  be  placed  in  the  hands  of  the 
district  clerk. 


Income  of  the 
school  fund  to 
be  divided 
among  the 
school  societies 
according  to 
enumeration. 


District  com- 
mittee must 
make  an  enu- 
meration in 
August,  annu. 
ally. 

Who  may  be 
enumerated. 


Who  shall  not 
be  enumerated 


IV.  STATE  APPROPRIATION;  TAXATION; 
EXPENSES. 

SECT.  30.  The  income  of  the  school  fund,  after 
deducting  all  expenses  attending  its  management, 
shall  be  divided  by  the  comptroller  of  public  ac- 
counts, with  the  advice  of  the  commissioner  of  the 
school  fund,  and  distributed  among  the  several  school 
societies,  in  proportion  to  the  number  of  persons  be- 
tween four  and  sixteen  years  of  age,  as  ascertained 
by  the  school  committee  of  each  society,  in  confor- 
mity with  the  provisions  of  this  act. 

The  district  committee  shall  annually,  in  the 
month  of  August,  ascertain  the  name  of  every  per- 
son over  four,  and  under  sixteen  years  of  age,  who 
shall  belong  to  such  district  on  the  first  Monday  of 
said  month,  and  compose  a  part  of  the  family  of  his 
or  her  parents,  guardians,  or  employers,  together 
with  the  names  of  such  parents,  guardians,  or  em- 
ployers, and  shall  make  return  of  the  same  to  the 
committee  of  the  school  society  to  which  such  dis- 
trict belongs,  on  or  before  the  first  day  of  Septem- 
ber ;  provided,  that  in  such  return,  no  person  shall 


SCHOOLS.  55 


be  included  who  are  residing  in  such  district  to  at- 
tend private  school,  or  for  other  temporary  purpo- 
ses ;  but  such  persons  shall  be  enumerated  in  the 
district  where  their  parents  or  guardian  resides.  when  the  clerk 

In  case  of  the  absence  or  inability  of  the  district  of  the  district 
committee  to   make  the  enumeration   and   return  may  make  the 
above  required,  it  shall  be  the  duty  of  the  clerk  of  enumeration-    . 
the  district  to  do  the  same,  in  the  manner  and  within 
the  time  before  described.  When  one  of 

Whenever  the  committee  and  clerk  of  any  school  tne  society's 
district,  shall  omit  to  return  to  the  committee  of  the  make"  th^'me! 
school  society,  the  enumeration  of  children  in  their 
respective  districts,  within  the  time  prescribed  by 
law,  it  shall  be  the  duty  of  one  of  the  committee  of 
such  school  society  to  make  such  enumeration,  be- 
fore the  tenth  day  of  September  following,  and  to 
return  the  same  to  the  committee  of  such  society  ;  Compensation 
and  for  making  such  enumeration,  said  committee-  for  making  enu- 
man  shall  be  entitled  to  receive  five  cents  for  each  meration. 
child  so  enumerated,  to  be   paid  from  the  next  divi- 
dend belonging  to  said  district,  which  may  there- 
after be  received  from  the  town  deposite  fund.  The  return 

The  return  above  required  to  be  made  to  the  ™udsts^eornif0ied 
committee  of  the  society,  shall  be  subscribed  by  the  beforTa^magis. 
person  making  the  same,  and  sworn  to  before  a  ma-  trate. 
gistrate,  according  to  the  following  form  : 

"  I  do  hereby  certify,  that  I  have  carefully  enumer- 
ated according  to  law,  all  persons  between  the  ages  Form  of  return> 
of  four  and  sixteen,  within  the  school  district, 

and  do  find,  that  on  the  first  Monday  of  August,  A. 
D.  there  were  residing  within  said  district, 

and  belonging  thereto,  the  number  of  persons, 

between  the  ages  aforesaid. 
A.  B. 

"  On  this  day  of          A.  D.          personally 

appeared,  the  above  named  and  made  oath 

the  to  truth  of  the  above  return  by  him  subscribed. 
Before  me,  C.  D.  Justice  of  the  Peace." 


The  committee  of  the  school  society  shall  exam- 
ine  and  correct  the  returns  made  to  them,  so  that  must  examine 
no  person  be  enumerated  twice  in  different  districts,  and  correct  re. 
or  be  improperly  returned,  and  shall  prepare  and  e  tc 

transmit  to  the  Comptroller  of  Public  Accounts,  on  or 


56  SCHOOLS. 

before  the  fifteenth  of  September  annually,  a  certi- 
ficate, in  which  the  number  of  persons  shall  be  in- 
serted at  full  length,  and  which  shall  be  sworn  to, 
Form  of  return,  according  to  the  following  form,  to  wit : 

"  We,  the  committee  of  the  school  society 

in  the  town  of  do  certify,  that  from  the 

returns  made  to  us,  under  oath,  as  by  law  provided, 
we  find  that  on  the  first  Monday  of  August,  A.  D. 
there  were  residing  within  said  society,  and 
belonging  thereto,  the  number  of  persons, 

between  the  ages  of  four  and  sixteen  years ;  and 
from  the  best  information  we  have  obtained,  we 
verily  believe  that  the  said  number  is  correct. 

)    School  society 
)       committee." 

"  On  this  day  of  A.  D.  person- 

ally appeared  the  above  named  committee,  and  made 
oath  to  the  truth  of  the  above  certificate,  by  them 
subscribed. 
Must  lodge  re-  C.  D.  Justice  of  the  Peace." 

turn  with  treas- 
urer of  aociety.  The  gchool  gociety  committee  shall  lodge  the  re- 
Comptroller  turns  made  to  them,  with  the  treasurer  of  the  so- 
ehall  draw  or-  ciety- 
deronthe  SECT.  31.     The  Comptroller  of  Public  Accounts, 

treasurer  m  fa-    on  application  of  the  committee  of  any  school  socie- 

vor  of  school  so-   .  J 

cieties.  ty,  shall  draw  and  order  on  the  treasurer  for  the 

amount  which  such  school  society  may  be  entitled 
to,  of  all  moneys  appropriated  by  law  for  the  benefit, 
support  and  encouragement  of  common  schools, 
which  may  be  in  the  treasury  on  the  first  days  of 
March  and  October  annually ;  provided,  that  no  or- 
der shall  be  drawn  in  favor  of  any  society,  until  the 
committee  of  such  society  shall  certify  in  writing, 
under  their  hands,  in  the  words  following,  to  wit : 

"  We,  the  committee  of  the  school  society, 

in  the  town  of  do  certify,  that  the  schools 

in  said  society,  have  been  kept  for  at  least  four 
months  in  the  year,  ending  the  thirtieth  day  of 
September  last,  by  teachers  duly  examined  and  ap- 
proved, and  have  been  visited  according  to  law ;  and 
that  all  the  moneys  drawn  from  the  public  treasury 


SCHOOLS.  57 


by  said  society,  for  said  year,  appropriated  to  school- 
ing, have  been  faithfully  applied  and  expended,  in 
paying  the  wages  of  said  teachers,  and  for  no  other 
purpose  whatever. 

Dated  at  the         day  of  A.  D. 

)    School  society 
]      committee. 
To  the  Comptroller  of  Public  Accounts." 

Whenever  the  school  in  any  school  district  shall 
not  be  kept  according  to  law,  the  committee  of  the  Modification  of 
society,  to  which  such  district  belongs,  shall,  in  their  certificates 
certificate  or  certificates  to  the  Comptroller  for  the  when  a  district 
year  following,  state  such  fact,  and  also  the  number  of  j^s  tn°acbce0erdinff 
children  enumerated  in  such  district ;  and  the  Comp-  to  law. 
troller,  when  application  is  made  for  the  school  mon- 
eys payable  to  such  society,  for  said  year,  shall  de- 
duct from  the  whole  number  of  children  enumera- 
ted in  such  society,  the  number  contained  in  such 
district,  and  shall  draw  an  order,  for  the  benefit  of 
the  remaining  districts  in  such  society. 

SECT.  32.     Every  school  society,  in  lawful  meet- 
ing, may  authorize  the  committee  of  the  society  to  School  money 
draw  an  order  on  the  society  treasurer,  in  favor  of  to  b^  distributed 
such  districts  as  have  kept  their  schools  in  all  re-  according  to  the 
spects    according   to  law,  for  their   proportion  of  enumeration,  or 
all  the  public  money   appropriated  to  the  use  of  the  sch°o1. at- 

,       i     •      ,  i       i        !£*.{.  -ii        •  tendance  in 

schools,  in  the  hands  or  the  treasurer,  either  in  pro-  eacn> 
portion  to  the  number  of  persons  between  the  ages 
of  four  and  sixteen  in  such  districts,  or  to  the  num- 
ber of  persons  who  shall  have  attended  the  common 
school  or  schools  in  said  district  during  the  year  pre- 
ceding ; 

Provided,  That  whenever,  by  the  foregoing  rules  Small  districts 
of  distribution,  the  share  of  school  money  for  any  may  be  allowed 
small  district  for  any  one  year,  will  not  amount  to  fifty  dollars- 
fifty  dollars,  it  shall  be  in  the  power  of  the  society 
to  which  such  district  belongs,  to  grant  and  allow 
out  of  the  school  money  to  such  small  district,  so 
much  as  will  give  to  the  same  any  sum  not  exceed- 
ing fifty  dollars. 

And  provided  further,  That  no    school  district  Condition  on 
shall  be  entitled  to  any  portion  of  the  public  money,  which  school 
unless  the  school  in  such  district  has  been  kept  by  a  d^01^™1 
teacher  or  teachers  duly  qualified,  for  at  least  four  money 
8 


58  SCHOOLS. 

months  in  the  year,  and  visited  twice  during  each 
season  of  schooling,  by  the  visitors  of  the  school  so- 
ciety, nor  until  the  district  committee  shall  certify 
that  the  public  money  received  by  the  district,  for 
the  year  previous,  has  been  faithfully  applied  and 
expended  in  paying  the  wages  of  such  teacher  or 
teachers,  and  for  no  other  purpose  whatever. 

SECT.  33.  If  any  money  appropriated  to  the 
School  money  Use  of  schools,  shall  be  applied,  by  a  school  society, 
be  ^recovered  "b*  or  a  scno°l  district,  to  any  other  purpose,  the  same 
Comptroller  for  shall  be  forfeited  to  the  State,  and  it  shall  be  the  duty 
the  use  of  of  the  Comptroller  to  sue  for  such  money,  in  behalf 
schools.  Of  tne  State)  t0  be  applied  to  the  use  of  schools. 

SECT.  34.     If  any  committee  shall,  at  any  time, 
.   r           fraudulently  make  a  false  certificate,  by  which  mon- 

Penalty  for  ma-  L  n  u      j  c          ^u  e  ..u     o* 

king  false  certi-  ey  shall  be  drawn  from  the  treasury  of  the  fetate, 
ficate.  each  person  so  fraudulently  making  such  false  certi- 

ficate, shall  forfeit  the  sum  of  sixty  dollars  to  the 
State,  to  be  recovered  by  action  of  debt,  on  this 
statute ;  and  it  shall  be  the  duty  of  the  Comptroller 
to  bring  a  suit  to  recover  the  same. 

SECT.  35.  Whenever  the  expense  of  keeping  a 
Expense  of  common  school  by  a  teacher  or  teachers  duly  quali- 
schopls  over  fied,  shall  exceed  the  amount  of  all  moneys  provided 
public  money  jo  defray  the  expenses  of  such  school,  the  committee 

may  be  assess-  J    .  y  j      n  11  u-ii        c 

ed  by  commit-  may  examine,  adjust,  and  allow  all  bills  of  expense 
tee,  on  the  pa-  incurred  for  the  support  of  said  school,  and  assess 
rents  or  guardi-  jne  same  upon  the  parents,  guardians,  and  masters 

ansofthe   chil-     f         i       i-A  ,    j   *u 

(jren.  °i  sucn  children  as  attended  the  same,  according  to 

the  number  and  time  sent  by  each. 

SECT.  36.  Whenever  the  contingent  expenses  of 
Contingent  ex-  any  school  district,  arising  from  repairs  of  school 
penses  under  house  or  its  appendages,  books,  costs,  damages,  or 

twenty  dollars  .1  i     11 

may  be  assess.    an7  other  source,  shall  not  exceed  the  sum  of  twen- 
ed  on  parents,     ty  dollars  in  one  year,  the  same  may  be  included  in 
the  aforesaid  assessment. 

SECT.  37.     No  child  shall  be  excluded  from  any 

SilxSude'd"!)0*  common  scno°l  in  the  districts  to  which  such  child 

account" of  po°v"  belongs,  on  account  of  the  inability  of  the  parent, 

erty  of  parents,  guardian,  or  employer  of  the  same  to  pay  his  or  her 

tax  or  assessment  for  any  school  purposes  whatever; 

and  the  selectmen,  or  a  majority  of  the  same,  of  the 

town  or  towns  in  which  such  child  shall  reside,  shall 

be  a  board  with  power  to  abate  at  their  discretion 

the  taxes  or  assessment  of  such  persons,  as  are  una- 


SCHOOLS.  59 

ble  to  pay  the  same,  or  any  part  thereof;  and  said  Their  school 
selectmen  shall  draw  an  order  for  the  amount  of 
such  abatement,  upon  the  treasurer  of  the  town  in 
which  such  persons  reside,  in  favor  of  said  district. 

SECT.  38.     Whenever  a  district  shall  impose  a  District  tax 
tax,  the  same  shall  be  levied  on  all  the  real  estate  how  levied, 
situated  therein,  and  upon  the  polls  and  other  ratea- 
ble estate,  except  real  estate  situate  without  the 
limits  of  such  district,  of  those  persons  who  are  res- 
idents therein,  at  the  time  of  laying  such  tax ;  and 
said  real  estate  shall  not  be  taxed  by  any  school  dis-  Real  estate  not 
trict  besides  the  one  in  which  the  same  is  situated ;  taxed  but  once, 
and  said  tax  shall  be  made  out  and  signed  by  the  dis- 
trict committee,  from  the  assessment  list  of  said  town 
or  towns,  to  which  said  district  belongs,  last  comple-  Madj  ,out  from 

j  i   *  -j  j-  \  •   A  j-     grand  list. 

ted,  or  next  to  be  completed,  as  said  district  may  di- 
rect. 

SECT.  39.     Whenever  real  estate  situated  in  one  Assessment  of 
district,  is  so  assessed   and  entered   in  the  grand  real  estate, 
list  in  common  with  other  estate  situated  out  of  said  when  '    value 
district,  that  there  is  no  distinct  and  separate  value 
put  by  the  assessors  upon  the  part  lying  in  said  dis-  grand  list, 
trict,  then  said  district  wishing  to  lay  a  tax  as  afore- 
said, may  call  on  one  or  more  of  the  assessors  for  the 
time  being,  of  the  town  in  which  such  property  is 
situated,  to  assess,  and  they  are  hereby  authorized 
and  directed  on  such  application  to  assess,  the  value 
of  that  part  of  said  estate  which  lies  in  said  district, 
and  to  return  the  same  to  the  clerk  of  said  town ; 
and  notice  of  such  assessment  shall  be  given  by  the  Notice  °f  as- 
district  committee  in  the  same  way  as  a  notice  for  S( 
school  meetings  ;  and  at  the  end  of  fifteen  days  after 
said  assessment  has  been  returned  as  aforesaid,  said 
assessor  and  society's  committee  shall  meet  in  such 
place  in  said  district  as  said  committee  shall  desig- 
nate in  their  notice,  and  shall  have  the  same  power 
in  relation  to  such  list  as  the  board  of  relief  have  in 
relation  to  lists  of  towns. 

When  such  list  shall  be  perfected  by  said  assessors  Assessment 
and  society's  committee,  the  same  shall  be   lodged  must  be 
with  the  Town  Clerk,  and  said  assessment  shall  be  the  lodged  with 
rule  of  taxation  for  said  estate  by  said  district  for  the  town  clerk> 
year  ensuing;  and  said  assessors  shall  be  paid  by 
said  district,  a  reasonable  compensation  for  their  ser- 
vices. 


(JO  SCHOOLS. 


V.  BOARD  OF  COMMISSIONERS. 

SECT.  40.     His  Excellency  the   Governor,   the 

Commissioner   of  the  school  fund,  ex-officio,   and 

eight  persons,  one  from  each  county  in  the  State,  to 

Board  of  com-     be  appointed  annually  by  the  Governor,  with  the 

™tiS.h°W  advice  and  consent  of  the  Senate,  shall  constitute, 
and  be  denominated  the  Board  of  Commissioners  of 
Common  Schools ;  and  the  Governor  is  authorized  to 
fill  any  vacancy  occasioned  by  death,  resignation  or 
otherwise. 

SECT.  4 1 .     The  Board  of  Commissioners  of  Com- 
mon Schools,  shall  submit  to  the  General  Assembly 
annual  report!*"  an  annual  report,  containing,  together  with  an  ac- 
count of  their  own  doings  ; 

First,  a  statement,  as  far  may  be  practicable,  of 
Condition  of  the  condition  of  every  common  school  in  the  State, 
each  school.  and  of  the  means  of  popular  education  generally  ; 

Second,  such  plans  for  the  improvement  and  bet- 
ter organization  of  the  common  schools,  and  all  such 
ProvemenT        matters  relating  to  popular  education,  as  they  may 
deem  expedient  to  communicate ; 

Third,  an  accurate  statement  of  the  items  of  ex- 
Expenses  of  pense  incurred  or  authorized  by  said  Board  of  Corn- 
board,  missioners  of  Common  Schools. 

They  may  require  of  the  school  visitors  of  the 
turns  froinire  ""  severa^  school  societies,  semi-annually,  returns  of  the 
school  visitors,    condition  of  each  common  school  within  their  lim- 
its ;  and  they  shall  prescribe  the  form  of  all  such  re- 
turns, and  the  time  when  the  same  shall  be  corn- 
Must  transmit    pleted,  and  transmit  blank  copies  of  the  same  to  the 

clerk  of  each  school  society. 

Appoint  Secre.      Thev  may  aPP°int  their  own    Secretary,  who 
tary.  shall  devote  his  whole  time,  if  required,  under  their 

direction,  to  ascertain  the  condition,  increase  the  in- 
terest, and  promote  the  usefulness  of  common 
schools. 

Compensation  SECT.  42.  For  the  compensation  of  the  Secre- 
of  Secretary.  tary,  the  Comptroller  of  public  accounts  is  directed 
to  draw  an  order  on  the  treasurer  for  such  sum  as 
the  Board  of  Commissioners  of  Common  Schools  may 
allow  for  his  services,  provided  the  same  does  not 
exceed  three  dollars  per  day,  and  his  expenses, 


SCHOOLS.  61 


while  employed  in  the  duties  of  his  office,  to  be  paid 
out  of  any  money  not  otherwise  appropriated. 


VI.  CONFIRMING  AND  REPEALING 
SECTION. 

SECT.  43.     That  "an  act  for  the  regulation  of 
school  societies  and  for  the  support  of  schools,"  ex- 
cept the  19th  section  thereof,  the  several  acts  in  ad- 
dition to,  and  in  alteration  thereof,  passed  in  the  AII  actg  re 
years     1824,    1828,    1829,    1835,  and    1840,    "an  specting  school 
act  relative  to  the  committees  of  school  districts,  and  societies  and 
directing  the  manner  in  which  the  meetings  of  school  ^hools>  rePea1' 
societies  and  school  districts  may  be  warned,"  passed 
in  1823,  an  act  in  addition  thereto  passed  May  ses- 
sion  1837,  "an  act  relating  to  school  societies  and 
special  school  society  meetings,"  passed  May  session 
1837,  "an  act  to  provide  for  the  better  supervision 
of  common  schools,"  passed  May  session  1838,  "an 
act  concerning  schools,"  passed  May  session  1839, 
and  an  act  passed  May  session  1841,  in  addition  to 
an  act  entitled  "an  act  concerning  schools,"  be,  and 
the  same  are  hereby  repealed. 

Provided  nevertheless,  That  all  rights  vested  in 
any  person  or  persons  by  virtue  of  any  of  the  acts 
hereby  repealed,  shall  remain  unimpaired  and  unal-  A11  cioin^s 

j J,        V".  .     ,  „  ,   commenced  and 

tered  by  this  act ;  and  that  all  matters  commenced  jn  progress,  con- 
by  virtue  of  any  of  the  laws  aforesaid  now  depending  firmed. 
or  unfinished,  may  be  prosecuted  and  pursued  to 
final  effect,  in  the  same  manner  as  they  might  have 
been,  if  this  act  had  not  been  passed. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


(>2  SPIUITOUS    LIQUORS. 


CHAPTER   XLI. 

An  Act  in  addition  to,  and  in  alteration  of  an  Act, 
entitled  "  an  Act  relating  to  the  Sale  of  Spiritu- 
ous Liquors." 

Whereas,  in  the  construction  of  the  proviso  in  the 
5th  section  of  the  act  entitled  "an  act  relating  to  the 
sale  of  Spirituous  Liquors,"  passed  in  the  year  1839, 
doubts  have  arisen  whether  said  proviso  was  in- 
tended to  apply  only  to  those  who  at  the  time  of 
the  passage  of  said  act  were  licensed  as  taverners, 
or  to  all  persons  who  should  thereafter  be  licensed 
as  aforesaid  in  like  manner.  Therefore 

„    ,  f        SECT.  1 .     Be  it  enacted  by  the  Senate  and  House 

Explanation  of  .  y         .  ,  , 

an  act  passed      oj  Representatives  in  General  Assembly  convened, 

1839,  relating  to  That  nothing  in  said  act  contained  shall  be  so  con- 
the  sale  of  spir.  strue(j  as  to  prevent  any  person  who  now  is,  or 

ituous  liquors —  ,  „          ,     A  ,        ,    ,     ,.J  r 

regarding  tav-     hereafter  shall  be,  duly  licensed  as  a  taverrter,  from 
eners.  selling  wines  or  spirituous  liquors  during  the  contin- 

uance, and  according  to  the  true  intent  and  meaning 
of  such  license. 

SECT.  2.  In  all  prosecutions  for  a  violation  of 
Jurisdiction  of  the  provisions  of  the  4th  section  of  the  act  to  which 
justices  of  the  this  is  an  addition,  Justices  of  the  Peace  may  hold 

peace  over  sec.  jurisdiction,  and  may  impose  the  fine  therein  named, 
tionmentiomed.  J    ,  .  i         _u  c  *\.  .ii. 

subject  to  appeal  on  the  part  of  the  accused,  to  the 

county  court,  the  same  as  in  other  criminal  prose- 
cutions. 

SECT.  3.     The  civil  authority  and  selectmen  of 

Who  may  h-       any  town  may,  if  they  shall  deem  it  expedient,  li- 
cense to  sell  as       J  *  J          .        .  ,  .  11      • 
apothecaries,  for  cense  one  or  more  persons  in  said  town  to  sell  wines 
medicinal  pur-    and  spirituous  liquors  as  apothecaries,  to  be  carried 
poses— and  may  away  an(j  used  for  medicinal  purposes  ;  and   may 
revoke.  &c.                   i             •    i>                     i     •        i  i  •        • 
revoke  such  license  at  their  pleasure — any  thing  in 

the  act  to  which  this  is  an  addition,  to  the  contrary 

notwithstanding. 

SECT.  4.  The  several  towns  in  this  State,  at  a 
Towns  may  town  meeting  specially  warned  and  held  in  the 
pass  by-laws  as  month  of  January,-in  each  year,  for  the  purpose  of 

to  the  sale  of        v          •  •>     •  \  .,  .  .  f      /. 

liquors  in  tav-     "censing,  regulating  or  prohibiting  the  sale  of  wines 
ems— vote  by     or  spirituous  liquors  in  such  town  for  the  year  en- 


SEPULTURES.  63 


suing,  and  for  no  other  purpose,  may  pass  by-laws 
regulating  or  prohibiting  the  sale  of  wines  or  spirit- 
uous  liquors  by  taverners,  to  be  drunk  in  the  tav- 
ern by  them  kept.     The  vote  on  the  adoption  of  ballot— vote  re- 
any  such  by-law  shall  be  by  ballot,  and  if  the  same  quired — viola, 
shall  be  adopted  by  a  majority  of  the  voters  at  such  tion  of  such  by- 
meeting,  equal  in  number  to  a  majority  of  the  whole  ^f^t 
number  of  electors  whose  names  shall  have  been  re-  an  agent, 
gistered  as  qualified  to  vote  for  representative  or 
representatives  in  such  town,  at  the  next  preceding 
election,  such  by-law  shall  be  deemed  and  declared 
to  be  passed,  otherwise  not.     And  if  any  taverner  in 
such  town  shall  violate  any  such  by-law,  he  shall 
forfeit  and  pay  for  every  such  offence,  the  sum  of 
seven  dollars,  to  be  recovered  by  action  of  debt,  in 
the  name  of  said  town,  before  any  Justice  of  the 
Peace  residing   therein.     And  the  town   at   such 
meeting  may  by  a  major  vote  appoint  an  agent  or 
agents,  to  prosecute  all  offences  against  such  by-law.  R       ,. 
SECT.  5.     Be  it  further  enacted,  That  all  acts,  ciause. 
or  parts  of  acts,  inconsistent  with  the  provisions  of 
this  act,  be,  and  the  same  are  hereby  repealed. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER    XLII. 


An  Act  concerning  Burying  Grounds  and  places 
of  Sepulture. 

SECT.  1 .     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General   Assembly  convened, 
That  liberty  be  and  hereby  is  granted  to  any  indi- 
viduals in  any  town  in  this  State,  to  associate  for  A"y  Personi* 
the  purpose  of  procuring  and  establishing  a  burying  togetherTo8^ 
ground,  or  place  of  sepulture,  and  being  so  associa-  tablish  burying 
ted,  they  shall,  on  complying  with  the  provisions  of  grounds,  and 
this  Act,  be  considered  a  body  politic  and  corpo-  corpc"' 
rate  ;  may  choose  a  President  and  other  officers,  how. 


TAXES. 


may  enact  by-laws  for  regulating  the  affairs  of  such 
corporation,  not  inconsistent  with  the  laws  of  this 
State,  and  compel  the  observance  thereof  by  suita- 
ble penalties ;  may  sue  and  be  sued,  and  do  all  acts 
necessary  and  proper  for  the  well-ordering  of  the 
affairs  of  such  corporation.  Provided,  however, 
that  before  any  such  association  shall  be  entitled  to 
the  pjivilege  of  this  act,  they  shall  lodge  with  the 
Secretary  ot  this  State  a  copy  of  their  articles  of 
association,  and  they  shall  also  cause  the  same  to  be 
recorded  in  the  Records  of  the  town  where  such 
burying  ground  may  be  situated. 

SECT.  2.     Whenever  any  part  of  such  burying 
ground  shall  have  been  designated  and  appropria- 
Not  to  be  taken  ted  by  the  proprietors  thereof,  as  the  burying  place 
wyarerantUor°sold  °^  an^  Particular  person  or  family,  the  same  shall 
by  credi'tors.       not  be  liable  to  be  taken  or  disposed  of  by  any  war- 
rant or  execution,  for  any  tax  or  debt  whatever, 
nor  shall  the  same  be  liable  to  be  sold  to  satisfy  the 
demands  of  creditors  where  the  estate  of  such  own- 
er shall  be  insolvent. 

Approved,  June  2d,  1841. 
% 

WILLIAM  W.  ELLSWORTH. 


CHAPTER   XLIII. 

An  Act  in  addition  to  an  Act,  entitled  "an  Act  Pro- 
viding for  the  Collection  of  Taxes." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
several  provisions  of  the  act  passed  in  the  year 
Re.enacting       1832,  entitled  "an  Act  in  addition  to  an  Act,  entitled 

EJSSifa*    an  Act  Providing  for  the  collection  of  Taxes,"  be, 

1832.  and  the  same  are  hereby  re-enacted  and  extended 

to  all  cases  to  which  the  same  would  be  applicable 

if  said  act  were  now  first  enacted.     Provided,  that 

no  claim  which  is  the  subject  of  any  suit  or  action 


TOLL  BRIDGES.  65 


now  pending,  shall  be  in  any  manner  affected  by  the 
provisions  of  this  act. 

Approved,  June  10th,  1841. 

WILLIAM  W.  ELLSWORTH. 


CHAPTER     XLIV. 


An  Act  in  addition  to  an  Act,  entitled  "an  Act  rela- 
ting to  the  Collection  of  Executions  against  Turn- 
pike and  Toll  Bridge  Companies." 

SECT.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  a  receiver  of  the  tolls  of  any  turn- 
pike company,  or  toll  bridge  company,  has  been,  or 
shall  be  appointed,  pursuant  to  the  provisions  of  the  Funds  to  repair 
act  to  which  this  is  an  addition,  such  portion  of  the  toll  bridges  or 
tolls  collected  by  said  receiver,  as  the  Judge  of  the  ™ined,  byW 
county  court  in  the  county  where  the  gate  at  which  whom  expend- 
such  tolls  are  collected  is  situated,  shall  from  time  to  ed- 
time  order  and  direct,  shall  be  expended  in  the  ne- 
cessary repairs  of  the  road  or  bridge,  for  passing 
which  the  said  gate  is  authorized  to  be  erected,  and 
the  said  repairs  shall  be  made  by  such  person  or 
persons  as  said  Judge  may  appoint  for  that  purpose. 

SECT.  2.     And  said  Judge  shall  adjust  and  settle 
the  accounts  of  such  receiver,  at  such  times  as  he 
may  deem  expedient,  and  thereupon  order  the  un-  ty  Courts  toTe". 
expended  balance  in  his  hands  to  be  paid  to  the  tie  the  account 
creditor  or  creditors  in  the  execution,  until  the  sums  of  receivers  at 
mentioned  therein  for  debt  and  costs,  and  the  inter- 
est  thereon,  together  with  the  officers  fees  for  serv-  &c. 
ing  the  same,  shall  have  been  fully  paid  and  satisfied. 

Approved,  May  25th,  1841. 

WILLIAM  W.  ELLSWORTH. 
9 


STATE  OF  CONNECTICUT,  ss.       ) 
SECRETARY'S  OFFICE,  July  12th,  1841.   \ 

I  HEREBY  CERTIFY,  That  I  have  compared  the 
printed  copy  of  the  Acts  contained  in  this  pamphlet, 
with  the  original  Acts,  as  engrossed  and  passed  by 
the  Legislature,  and  find  the  same  to  be  correct. 
ROYAL  R.  HINMAN, 

Secretary  of  State. 


INDEX. 


A. 

Arbitrators  on  land  titles,  award  of,  when  evidence,  35 

Assessors,  confirming  doings  of,  3 

Awards  on  titles  to  land,              -  35 

B. 

Bands  of  music  how  formed,                             -  -  -         -     37 

fines  how  appropriated,                    -           -  -          37 

Bank  of  East  Haddam,  choice  of  Directors  in,  -          -          3 

Bank  at  Thompson,  meetings  in,  4 

Bank  at  Norwich,  to  reduce  stock,            -  5 

Bank  Merchants,  to  reduce  stock,                      -  5 

Beef  and  pork,  how  fatted  and  packed,         -  -           -         42 

how  branded,                                                -  .           42 

duties  of  inspectors  and  packers,  -            -       42 

Borough  of  Killingworth,  how  to  organize,  5 

Borough  of  Norwalk,  to  form  a  Fire  Company,  7 

Bridgeport  Fire  Company,  &c.,  .      6 

Burying  Ground  in  New  Haven,  damages  in,  -        39 

penalty  for,  .     39 

C. 

Canton  probate  district,  .            9 

Civil  actions,  to  quiet  acts  of  Sheriffs,  &c.,  -                      8 

Chatham,  Jurymen  in,                                        -  -            34 

Cities  authority  to  regulate  inspection  of  leather,  -        35 

Clerks  of  Superior  Court,  duty  of,             •          •          .  10 

Conveyances  confirmed,                    -          <-•*  .             27 


68  INDEX. 

Court  of  Errors,  how  furnished  with  copies,  -      10 
Courts,                                                           8,9,10,12,17,19,20 

Court  of  Errors  when  holden  in  Hartford,  12 

Courts,  Judges  of,  when  disqualified  to  act,  1 7 

Courts,  when  more  than  one  term,  how  adjourned,  19 

County  Court,  new  organization  of,  12 

County  Work  Houses,  23 

Crimes  and  punishments,  r~*\?S  t)   L?®'  21'  22>  23 

Aw-.»7  £•  u   ?i-£&  •  fftu  ~  !:?«$  ft*-^.' -ty  Av/7^  /&— • 

wv 

/ 

Deeds  and  bonds,  without  seals,  confirmed,  -  -         27 

Districts  Senatorial,  No.  4,  5  and  6,  -  -  28 

Districts  for  Senators,  -  -  28, 29 

E. 

East  Lyme,  election  of  Senators,  "act  repealed,"  -          29 

Estates,  settlement  of,  ufrv^fl.J^^-  -  29,30,31 

Executions  on  personal  property,  how  posted,  8 


F. 


Fire  Company  at  Bridgeport,  how  warned,  &c.,  6 

Forgery  of  checks,  or  bills  on  banking  companies,  &c.,  -       22 

Fraudulent  conveyances,                 -                 -                 -  32 

aggrieved  by  Commissioners,  may  appeal,  &c.,  32 

O. 

General  Assembly,  organization  of,                -  33 

Governor's  duty  as  to  fugitives,  expenses  of,                     -  21 

H. 

Houses  of  correction,                -                -                -  23, 24 


Inspection  of  provisions,  .  .  -  42 

J. 

Jurymen  in  Portland,  number  of,  34 


INDEX.  69 

K. 

y 
Killingworth,  Borough  of,  incorporated,  -  -  '       5 

L. 

Leather,  inspection  of,                            -  35 

m. 

Merchants  Bank,  to  reduce  stock,            -  5 

Mortgages  to  School  Fund,  how  released,            -  36 

New  Haven,  city  of,  to  level  gutters,  &c.,            -  38 
assent  to  said  act,  when  and  how  made,         -       38 

New  burying  ground  in  New  Haven,         -  39 
Ninepin  alleys  prohibited,         -             -             -           -           21,22 

Norwalk,  Borough  of,  to  form  a  fire  company,               -  7 

P. 

Pedlars,  law  concerning,                    -  40 

who  is  a  pedlar,              *s  :•             -                -  40 

penalty  for  peddling,             -  40 

duty  to  be  paid,                              -  40 

form  of  license,                                                   -  40 

qualifications  to  obtain  a  license,  40 

Portland,  Jurymen  in,  -      34 

Presiding  officers  at  elections,  duty  of,                -            -  33 

Portland,  probate  of  Chatham,  20 

Probate  of  Chatham,  to  include  Portland,            -  20 

Probate  of  Ridgefield,                                      -            -  10 

Probate  of  Canton,                     ....  9 

Probate  of  Salem,            .....  8 

Probate  Courts,  .  .  .  .  .29 

R. 

Representatives  election  of,  returns  to  Secretary,  &c.,  33 

Ridgefield  Probate  District,  incorporated,             .             .  10 

S. 

Salem  Probate  District,  incorporated,             .              .  8 


70  INDEX. 

Secretary  of  State  to  make  Rolls  of  Senate  and  House,  33 

Senatorial  Districts  number  9,  10,  18  and  19,         .          .          29 
School  Fund,  mortgages  how  released,  &c.,  .  .       36 

School  law  repealed,  by  "an  act  concerning  common  schools,",  44 
Schools,          .         .         .  .         .  ;  .         .        44 

School  Societies,         .  •,  ,»        .  •    .         .         .44 

School  Districts,  .        .        .        .        ...        .        48 

union  districts,         .         .  '     .         .         .         .         .52 

school  teachers, 53 

State  appropriation, 54 

taxation  and  expenses,       "  .         ,         .         .         .  54, 55 
Submission  and  award  of  arbitrators  when  recorded,  .     35 

Supreme  Court  of  Errors  to  make  rules,  &c.  .        .        20 

Spirituous  liquors,  sale  of.  *  .  62 

Sepulture,  places  of,  .  .  ....     63 

T. 

Teachers  of  schools,             .            .            ....  53 

Thompson  Bank  when  to  hold  meetings,          ...  4 

Treasurer  of  State,  when  may  discharge  mortgages,            .  36 

Taxes,  collection  of,             .            .                 ...  64 

Turnpike  and  toll  bridge  companies,  executions  against,  65 

U. 

Union  School  Districts,  .  .  ...        52 

W. 

Westport,  election  of  Senators  in,        .  .  .29 

Work  houses,  or  houses  of  correction,        .  .23 

Writs  of  Error,  how  served  and  returned,         .        .  .11 


PUBLIC    ACTS, 


PASSED  BY  THE  GENERAL  ASSEMBLY 


OF    THE 


STATE  OF  CONNECTICUT, 


MAY  SESSION,   1842. 


PUBLISHED,  IN  CONFORMITY    WITH   A   RESOLUTION    OF    THE 
GENERAL  ASSEMBLY,  UNDER  THE  SUPERINTEN- 
DENCE OF  THE  SECRETARY  OF  STATE. 


State  of  Connecticut,  00. : 

OFFICE    OF    THE    SECRETARY   OF    STATE,    1842. 


HARTFORD. 

PRESS   OF   ELIHU   GEER,    26*  STATE  STREET. 

MDCCCXLII. 


PUBLIC    ACTS. 


CHAPTER    I. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  in 
relation  to  Agricultural  Societies." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,   That  the 
several  County  Agricultural  Societies  which  may 
hereafter  be   entitled   to  receive  money  from  the  Agricultural  So- 
State  Treasury  by  virtue  of  the  act  of  which  this  cieties    to    file 
is  an  addition,  may  receive  the  same,  and  file  the  ce.rtlficates,  &c., 

.%          J    .  .  within  the 

requisite  certificate  at  any  time  during  the  months  months  of  Sept. 
of  September  and  October  in  each  year.     Any  and  Oct- in  eaoh 
act,  to  which  this  is  an  addition,  to  the  contrary  >( 
notwithstanding. 

Approved,  June  7th,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    II. 

An  Act  to  Incorporate  Wadsworth  Atheneum. 

SEC.   1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  Daniel  Wadsworth,   Thomas   Day,    David  Persons 
Watkinson,  Thomas  S.  Williams,   Alfred  Smith,  incorporated. 
John  M.  Niles,  Erastus  Smith,  William  H.  Imlay, 
James  B.  Hosmer,  David  F.  Robinson,  Charles  H. 
Olmsted,  Henry  A.  Chittenden,  Robert  Watkinson, 
Albert  W.  Butler,  Cyprian  Nichols,  Charles  Bos- 


4  WADSWORTH    ATHENEUM. 

well,  John  L.  Boswell,  John  Olmsted,  Sheldon  P. 
Thatcher,  Elizur  T.  Goodrich,  Albert  Day,  Calvin 
Day,  Elijah  H.  Owen,  Amos  M.  Collins,  William 
L.  Collins,  Erastus  Collins,  Charles  Collins,  James 
Ward,  Roswell  B.  Ward,  William  A.  Ward,  James 
Dixon,  Newton  Case,  Edwin  D.  Tiffany,  Leander 
C.  Burnham,  Roswell  C.  Smith,  Thomas  K.  Brace, 
Joseph  Trumbull,  Hezekiah  B.  Chaffee,  Daniel  P. 
Crosby,  Ezra  White,  Jr.,  Austin  Dunham,  George 
Burnham,  William  L.  Wright,  James  G.  Bolles, 
George  Goodwin,  Jr.,  Charles  Goodwin,  John  War- 
burton,  Joseph  Morgan,  Gideon  Welles,  Elihu  Geer, 
Ellery  Hills,  Leonard  H.  Bacon,  Gurdon  Fox,  P. 
F.  Robbins,  Joseph  Winship,  Sanford  B.  Grant, 
Philip  Ripley,  Edward  Bolles,  Lucius  H.  Childs, 
C.  C.  Lyman,  Henry  Barnard  2d.,  Charles  Hos- 
mer,  Jona.  Seymour  Brown,  William  H.  Turner, 
Curtis  Judson,  Silas  B.  Hamilton,  Waterman  Rob- 
erts, Charles  Brainard,  Charles  H.  Brainard,  Roswell 
Brown,  Thomas  Smith,  Denison  Morgan,  Stillman 
Niles,  Jonathan  Watson,  William  T.  Lee,  Charles 
Abernethy,  David  Clark,  Charles  Seymour,  John 
Butler,  Alexander  H.  Pomroy,  William  Hunger- 
ford,  William  R.  Cone,  James  H.  Welles,  Stephen 
Spencer,  George  Beach,  Jr.,  John  H.  Preston,  Da- 
vid S.  Brooks,  George  M.  Bartholomew,  James  H. 
Holcomb,  James  C.  Walkley,  Ezra  Clark,  Jr.,  Geo. 
Sumner,  Allen  Porter,  Thomas  C.  Perkins,  Elipha- 
let  Terry,  Joseph  Church,  Daniel  Dewey,  Enoch  C. 
Stanton,  Ezra  S.  Hamilton,  John  H.  Webb,  Chas. 
Mygatt,  Samuel  Woodruff,  Francis  Parsons,  Geo. 
Burgess,  Simeon  L.  Loomis,  Junius  S.  Morgan, 
Harvey  Seymour,  Thomas  S.  Parker,  John  Parker, 
Miles  A.  Tuttle,  Edmund  B.  Hull,  Asahel  Saun- 
ders,  Ralph  Saunders,  John  G.  Mix,  Lemuel  Hum- 
phrey, Lucius  H.  Woodruff,  James  C.  Woodruff, 
Samuel  Kellogg,  William  Kellogg,  Mason  Gross, 
Daniel  W.  Clark,  Roland  Mather,  David  S.  Dodge, 
Esek  J.  Preston,  Edwin  Taylor,  S.  G.  Boughton, 
Calvin  Spencer,  Robert  S.  Seyms,  George  Seyms, 
Noah  Wheaton,  Oliver  E.  Williams,  Thomas  S. 
Williams,  2d.,  Thomas  M.  Day,  Amariah  Brigham, 
William  B.  Ely,  Sheldon  Woodbridge,  Collins 
Stone,  Henry  B.  Camp,  Laurent  Clerc,  Charles  L. 
Porter,  Bela  Turner,  Virgil  Cornish,  Gurdon  Rob- 


WADSWORTH    ATHENEUM. 


bins,  Jr.,  and  their  successors  and  associates  shall 
be,  and  hereby  are,  created  and  constituted  a  body  Name  of 
politic  and  corporate,  by  the  name  of  "  Wadsworth  corporation. 
Atheneum"  and  by  that  name  they  and  their  suc- 
cessors shall  have  perpetual  succession ;  shall  be 
capable  of  suing  and  being  sued,  pleading  and 
being  impleaded,  in  all  suits  at  law  and  in  equity ; 
may  have  a  common  seal,  and  may  alter  the  same 
at  pleasure.  And  whereas,  Daniel  Wadsworth  of 
the  city  of  Hartford,  has  granted  to  Thomas  S. 
Williams  and  Alfred  Smith,  in  trust  for  said  Corpo- 
ration, a  lot  of  land  lying  between  an  alley  on  the 
north,  and  Charles  Brainard's  land  on  the  south, 
and  between  Main  street  on  the  west,  and  land  of 
said  Wadsworth  on  the  east,  as  a  site  for  a  build- 
ing to  be  constructed  in  three  divisions,  to  be  sep- 
arately used,  one  for  a  Gallery  of  Fine  Arts,  another 
for  the  Library  and  other  accommodations  of  the 
Hartford  Young  Men's  Institute,  and  the  third  for 
the  use  of  the  Connecticut  Historical  Society,  with 
power  and  authority  to  said  Society  to  allow  or  General  Powers- 
grant  room  or  accommodations  in  their  division  for 
the  use  of  the  Natural  History  Society  of  Hartford, 
on  such  terms  and  to  such  extent,  as  said  Historical 
Society  shall  think  proper,  or  in  case  either  of  the 
above  objects  should  be  abandoned,  or  transferred 
elsewhere,  then  the  part  so  left  vacant  to  be  applied 
to  other  objects  of  general  interest,  free  of  charge, 
except  for  insurance,  taxes,  (if  any)  preservation 
and  repairs  of  the  building  ;  said  corporation  is 
hereby  empowered  to  take  from  said  trustees  a 
conveyance  of  said  land,  with  all  the  privileges  and 
appurtenances  thereto  belonging  ;  and  to  hold  the 
same  pursuant  to  the  terms  of  said  grant,  and  for 
the  uses  and  purposes  therein  expressed,  and  there- 
by intended  ;  and  said  corporation  is  also  hereby 
empowered  to  make  contracts,  and  to  adopt  con- 
tracts made  for  the  erection,  and  finishing  of  said 
building  with  suitable  out  buildings,  and  fences  on 
said  land,  and  for  repairs  and  rebuilding  of  the 
same  when  needed  ;  for  insurance  thereon,  for  the 
furnishing  thereof  and  for  the  purchase  of  paintings, 
engravings,  statues,  and  other  works  of  art,  to  be 
placed  therein ;  and  generally  to  do  all  acts  neces- 
sary and  proper  to  carry  into  full  effect  the  objects 


WADSWORTH    ATHENEUM. 


Prov 


Capital  stock. 


Privileges  of 
stockholders. 


Pro  vis 


and  purposes  for  which  said  land  was  granted ; 
and  said  Corporation  is  also  empowered  to  receive 
and  hold  other  personal  property,  not  exceeding 
ten  thousand  dollars  in  amount  or  value ;  which 
property  may  be  loaned  or  otherwise  disposed  of, 
and  the  interest  or  principal  applied  for  the  objects 
and  purposes  aforesaid,  as  occasion  may  require. 
Provided,  however,  that  said  Corporation  shall 
have  no  power  to  alienate  or  mortgage  said  real 
estate,  or  any  part  thereof. 

SEC.  2.     The  capital  stock  of  this  Corporation 
shall  be  held  by  those  who  have,  or  shall  become 
subscribers  thereto,  in  the  following  manner.    Said 
stock  shall  be  divided  into  two  classes  of  shares : 
First,  those  of  one  hundred  dollars  each,  which 
shall  be  assignable  and  transferable  ;  and  secondly, 
those   of   twenty-five    dollars   each,    which    shall 
become  extinct  upon  the  death  of  the  subscriber. 
Every  such  subscriber,  to  the  amount  of  twenty-five 
dollars  or  more,  shall  be  a  member  of  said  Corpora- 
tion, and  in  all  meetings  of  the  share-holders,  he 
shall  be  entitled  to  give  one  vote  on  every  share  of 
twenty-five  dollars  ;  and  every  holder  of  a  share  or 
shares  of  one  hundred  dollars,  shall  have  the  right 
to  give  four  votes  on  every  such  share  of  one  hun- 
dred dollars  held  by  him.     Every  subscriber  to  the 
amount  of  fifty  dollars  shall  be  entitled  to  the  privi- 
lege of  admission  to  the  Gallery  during  his  life, 
subject  to  such  rules  and  regulations  as  may  be 
prescribed  by  the  trustees  hereinafter  mentioned 
for  that  purpose.     Every  holder  of  a  share  of  one 
hundred  dollars  shall  be  entitled  to  such  privilege 
while  he  remains  a  holder,  and  every  holder  of 
shares  amounting  to  two  hundred  dollars  or  more, 
shall  be  entitled  to  the  same  privilege,  and  such 
privileges  in  the  other  institutions  connected  with 
this  Corporation,  as  may  be  agreed  upon  by  said 
trustees  and  the  directors  of  said  institutions  respec- 
tively.    Provided,  That  in  the  case  of  the  subscrip- 
tions which  have  been  or  shall  be  made  to  said  stock 
by,  or  in  the  name  and  behalf  of  any  copartnership,  or 
by  any  joint  subscribers,  who  are  not  copartners, 
such  copartners,  or  joint  subscribers,  may  deter- 
mine and  designate,  by  a  writing  under  their  hands, 
who  of  their  number  shall  have,  enjoy,  and  exer- 


WADSWORTH    ATHENEUM. 


cise  the  same  powers,  privileges,  and  rights,  which 
individual  subscribers,  to  a  like  amount,  are  entitled 
to  have,  enjoy,  and  exercise. 

SEC.  3.  The  concerns  of  said  Corporation  shall 
be  managed  by  a  board  of  trustees,  under  such 
regulations  as  may  be  prescribed  by  the  by-laws 
thereof;  which  board  shall  consist  of  eleven  trus- 
tees, to  be  elected  annually  by  the  share-holders,  E,lev,en ;Truste«s' 

J       J    .  '    elected  annually, 

and   of    subscribers   to   the  capital  stock  to  the  to  be  managers. 
amount   of   five  hundred   dollars,  who  shall,  by 
virtue  of  their  subscriptions,  be  trustees  for  life. 

SEC.  4.  The  share  holders  of  said  Corporation, 
in  a  general  meeting  thereof,  shall  have  power  to 
ordain  and  establish  such  rules,  and  by-laws,  as 
they  may  deem  expedient,  relative  to  the  time, 
place,  and  manner,  of  holding  their  meetings,  with 

f,  .  ,,  -  ,      .  .,        Power  to  ordam 

the  notice  to  be  given  thereof ;  relative  to  the  by-laws,  &c. 
officers  of  the  Corporation,  and  of  the  board  of 
trustees  and  their  duties  ;  relative  to  a  quorum  in 
meetings  of  the  share  holders,  and  of  the  trustees  ; 
relative  to  the  mode  of  transfer  of  the  transferable 
shares  ;  and  generally  for  carrying  into  effect  the 
powers  hereby  granted,  not  otherwise  specifically 
provided  for.  Provided,  Such  rules  and  by-laws 
be  not  repugnant  to  the  provisions  of  this  Charter, 
or  the  laws  of  this  State. 

SEC.  5.     If  it  shall  so  happen  that  an  election 
of  any  annual  officer  or  officers  of  said  Corpora-  When  no  elec- 
tion, or  board  of  trustees,  shall  not  take  place  in  tion  is  held'  ™r- 

.  ; '          ,     ,  poration  not  dis- 

any  year  at  the  time  appointed  therefor,  the  Corpo-  soived  therefor. 
ration  shall  not,  for  that  reason,  be  dissolved ;    but 
such   election  may  be  held  thereafter,  and  such 
officer  or  officers,  may  exercise  his  or  their  official 
functions  until  a  new  election  be  made. 

SEC.  6.     All  the  estate,  real  and  personal,  which" 
may  at  any  time  be  owned  by  said  Corporation,  Estate  exempt 
shall  be  exempt  from  taxation  so  long  as  the  same  from  taxation- 
shall  be  used,  and  the  avails  and  income  thereof 
shall  be  devoted  to,  and  expended  in,  the  objects 
and  purposes  herein  before  specified. 

SEC.  7.     The  first  meeting  of  the  share  holders 
shall  be  holden  at  such  time,  in  the  month  of  June,  Firs*  meeting, 
1842,  and  at  such  place,  in  the  city  of  Hartford,  as  h 
shall  be  designated  for  that  purpose  by  Thomas  Day 
and  John  M.  JMiles,  or  either  of  them,  who  shall 


Act,  &c. 
revocable. 


BANKS. 

cause  at  least  five  days  previous  notice  thereof  to 
be  given  in  two  or  more  newspapers  printed  in  said 
city. 

SEC.  8.  The  exemption  from  taxation,  provi- 
ded for  by  the  6th  section  of  this  act,  shall  be  sub- 
ject to  the  future  action  and  control  of  the  General 
Assembly :  and  all  parts  of  this  act  may,  by  said 
Assembly,  be  amended,  altered,  or  repealed. 

Approved  June  1,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Amount  of 
Discount  to  a 
Director,  &c. 
limited. 


CHAPTER    III. 

An  Act  in  addition  to  and  in  alteration  of  sundry 
Acts  relating  to  Banks. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  no  Bank  in  this  State  shall  directly  or  indi- 
rectly loan  to  any  director  or  officer  thereof,  or  to 
any  company  or  corporation  of  which  such  director 
is  a  member  or  stockholder,  any  of  its  funds,  or 
discount  any  paper  on  which  such  director  or  officer  is 
the  maker,  acceptor  or  endorser,  except  to  an  amount 
not  exceeding  three  thousand  dollars,  in  any  Bank 
whose  capital  actually  paid  in  does  not  exceed  one 
hundred  thousand  dollars ;  and  to  an  amount  not 
exceeding  five  thousand  dollars,  in  any  Bank  whose 
•  capital  actually  paid  in  exceeds  one  hundred  thou- 
sand dollars,  but  does  not  exceed  three  hundred 
thousand  dollars  ;  and  to  an  amount  not  exceeding 
six  thousand  dollars  in  any  Bank  whose  capital 
actually  paid  in  exceeds  three  hundred  thousand 
dollars,  but  does  not  exceed  five  hundred  thousand 
dollars  ;  and  to  an  amount  not  exceeding  eight 
thousand  dollars  in  any  Bank  whose  capital  actually 
paid  in  exceeds  five  hundred  thousand  dollars,  but 
does  not  exceed  six  hundred  thousand  dollars  ;  and 
to  an  amount  not  exceeding  ten  thousand  dollars 


BANKS.  9 

in  any  Bank  whose  capital  actually  paid  in  exceeds 
the  sum  of  six  hundred  thousand  dollars.  Nor 
shall  any  such  director  or  officer  to  whom  loans  are 
made,  contrary  to  the  provisions  of  this  section,  hold 
or  exercise  the  office  of  director  or  officer  of  such 
Bank  after  the  next  annual  election  of  directors  in 
such  Bank.  Provided  that  this  section  shall  not 
take  effect  until  four  months  after  the  rising  of  this  cf£ec£  C1 
Assembly. 

SEC.  2.     The  directors   of    any  Bank  in  this 
State  shall  not  make    or    declare    any    dividend 
except  from  the  earnings  of  such  Bank,  which  shall  Dividends  not  to 
remain  after  deducting  therefrom  all  losses,  all  sums  be  made  except 
due  from  the  Bank  for  bonus,  plates,  paper,  vault  from  earninss- 
expenses,  charter  expenses,  furniture  and  all  notes 
and  drafts    which   shall   have   been   due   for   six 
months  or  more,  and  not  abundantly  secured,  and 
such  amount  of  discount  as  shall  at  the   time   of 
making  such  dividend  be  the   market  rate  in  the 
city  of  New  York  on  all  uncurrent  or  depreciated 
Bank  or  post  notes,  or  Bank,  Insurance,  City,  State 
or  other  corporate  stocks  owned  by  such  Bank : 
and  the  directors  voting  for  any  dividend  made  and 
declared  not  in  conformity  with  the  provisions  of  „ 

i  •  •  i     11   /•     <•  •  -i  m  Penalty. 

this  section,  shall  forfeit  and  pay  to  the  Treasurer 

of  this  State,  the  sum  of  five  hundred  dollars,  for 

which  such  directors  shall  be  jointly  and  severally 

liable,  and  it  shall  be  the  duty  of  the  directors  in 

making  any  dividend  to  take  the  question  thereon  dividends,  how 

by  yeas  and  nays,  which  shall  be  recorded  on  the  to  be  taken. 

record  of  the  Bank. 

SEC.  3.     No  Bank  shall  hereafter  make  any  loan  Stock  when  not 

,  ,,  .  to  be  pledged. 

or  discount  on  pledge  or  its  own  stock. 

SEC.  4.     No  stock  in  any  Bank  shall  be  voted 
on  at  any  meeting  of  the  stockholders  of  such  Bank,  Votes  on  stock- 
except  transferable  stock  ;  and  such  stock  shall  not 
be  voted  on  by  proxy. 

SEC.  5.     No  Bank  shall  hereafter  issue  any  bills  Bills  issued, 
but  such  as  are  made  payable  at  the  Bank  where  where  payable. 
issued. 

SEC.    6.     There  shall    be   annually  appointed 
three  Bank  Commissioners  by  the  General  Assem- 
bly, whose  duty  it  shall  be  to  visit  and  examine  the  Commissioners 
several  Banks  in  this  State,  the  several  Savings  In-  t°  Appointed, 

.     _,  ,     ,         .—  .          ,.    ,      TT  and  their  duties. 

stitutions  in  this  State,  and  the  affairs  01  the  Housa- 
2 


10 


BANKS. 


Reduction  of 
Capital  Stock, 
how  made. 


Repeal  of  other 
Acts. 


Forfeiture  for 
violation. 


tonic  Rail  Road  Company,  at  their  discretion, 
agreeable  to  the  provisions  of  an  act  concerning 
Banks,  passed  A.  D.  1837,  who  shall  report  an- 
nually to  the  General  Assembly  the  result  of  their 
examination,  and  an  account  of  their  charges  for 
services  and  expenses  to  be  paid  by  said  Banks, 
Savings  Institutions,  and  Rail  Road  Company,  in 
proportion  to  their  respective  capitals. 

SEC.  7.  The  directors  of  the  several  Banks  in 
this  State,  under  the  supervision  of  the  Bank  Com- 
missioners, are  hereby  empowered  to  reduce  the 
capital  stock  of  any  Bank  to  such  sum  and  such 
number  of  shares  as  the  Bank  Commissioners  may 
determine,  at  any  time  when  the  General  Assembly 
is  not  in  session,  a  vote  of  the  stockholders  in  a 
meeting  legally  warned  and  held  for  that  purpose 
having  first  been  obtained  —  and  the  Bank  Com- 
missioners shall  make  return  of  such  proceedings  to 
the  session  of  the  General  Assembly  next  following 
for  approval,  and  if  approved,  such  reduction  shall 
thereupon  be  made. 

SEC.  8.  That  the  Act  passed  May  Session,  A. 
D.  1835,  providing  that  no  Bank  in  this  State  shall 
be  permitted  to  retain  as  surplus  earnings  more 
than  five  per  cent,  on  the  amount  of  the  capital 
stock  actually  invested  in  said  Bank  in  addition  to 
the  bonus  required  by  the  act  of  incorporation,  and 
the  act  passed  May  Session,  1838,  entitled  "an  Act 
in  addition  to  an  act  entitled  an  act  concerning 
Banks,"  and  all  acts  or  parts  of  acts  requiring 
Banks  or  the  Cashiers  thereof  to  make  any  return 
from  said  Banks  to  the  Comptroller  of  this  State, 
except  the  return  of  the  amount  of  the  capital  stock, 
the  amount  owned  by  resident  and  non-resident 
stockholders,  and  all  acts  or  parts  of  acts  inconsis- 
tent with  the  provisions  of  this  act,  be,  and  the 
same  are  hereby  repealed. 

SEC.  9.  Any  Bank  whose  directors  shall  know- 
ingly violate  either  or  any  of  the  provisions  of  the 
several  sections  of  this  act,  except  section  second, 
shall  forfeit  and  pay  to  the  Treasurer  of  this  State  a 
sum  not  less  than  five  hundred  dollars,  nor  exceeding 
one  thousand  dollars  for  every  such  violation. 

SEC.  10.  That  it  shall  be  lawful  for  the  stock- 
holders of  any  Bank  at  the  annual  meeting  for  the 


^^     BANKS.  11 

choice  of  directors,  or  at  any  special  meeting  which  Privilege  of 
any  five  stockholders  owning  not  less  in  all  than  S^^^d^ff 
one  hundred  shares  of  stocks,  are  authorized  to  call,  condition  of 
to  examine  the  books,  accounts  and  securities  of  Banks— 
such  Bank  and  the  expenditures  of  the  same,  by  a 
committee  or  otherwise,  and  it  shall  be  the  duty  of 
the  Cashier  to  produce  and  exhibit  all  such  books 
and  papers  as  may  be  demanded  for  said  purpose 
—  and  the  stockholders  are  hereby  authorized  at 

.  .*••'  .  .         and  restrain  the 

any  such  annual  or  special  meeting  to  adopt  rules  action  of  Direc- 
and  regulations  for  the  conducting  the  affairs  of  the  tors- 
Bank,  for  restraining  or  directing  the  action  of  the 
directors,  or  cashier,  or  other  officers  of  the  Bank, 
Provided  that  such  rules  and  regulations  shall  not 
be  inconsistent  with  the  laws  of  this  State,  or  the 
provisions  of  the  charter  of  the  Bank. 

SEC.   11.     That  no  Bank   Commissioner  shall 
owe  or  be  indebted  to  any  Bank  in  this  State  as  Ba]lk  Commis- 
maker,  drawer,  endorser,  or  in  any  other  manner  sioners,  how 
whatever,  and  upon  its  appearing  to  the  satisfaction  dlsquallfied- 
of  His  Excellency,  the  Governor,  that  any  Bank 
Commissioner  at  any  time  after  twenty  days  from 
the  passage  of  this  Act,  is  or  shall  be  indebted  to 
any  Bank  in  this  State,  he  shall  declare  the  office  of 
such  Bank  Commissioner  vacant,  and  shall  appoint 
some  other  person  in  his  place  to  execute  and  dis- 
charge the  duties  of  a  Bank  Commissioner.     And 
it  shall  be  the  duty  of  the  cashier  of  each  Bank  to 
which  any  of  the  said  Commissioners  shall  be  so   Ca,|]iprg  to    ive 
indebted  as  aforesaid,  to  give  notice  thereof  to  His  notice. 
Excellency  the  Governor.     And  no  Cashier,  Direc- 
tor, or  officer  of  any  Bank  in  this  State,  shall  hold    . 
the  office  of  a  Bank  Commissioner. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


12  BANKS. 


CHAPTER    IV. 

An  Act  to  repeal  an  Act  entitled  "An  Act  to  In- 
corporate the  Mechanics  Bank  in  New  Haven." 

Whereas,  the  Mechanics  Bank,  in  the  city  of  New 
Haven,  has  refused  to  pay  its  proportion  of  the 
salaries  and  expenses  of  the  Bank  Commissioners, 
agreeable  to  the  requirements  of  the  Statute,  in  such 
case  made  and  provided.  Therefore : 

SEC.  ].  Be  it  enacted  by  the  Senate  and  House 
Provisional  re-  °J  Representatives  in  General  Assembly  convened, 
peal  of  Char-  That,  unless  the  said  Mechanics  Bank  pay  its  said 
ter~~  proportion  of  the  salaries  and  expenses  of  the  Bank 

Commissioners,  agreeable  to  the  requirements  of  the 
Statute,  in  such  case  made  and  provided,  on  or 
before  the  fifteenth  day  of  July,  1842,  said  propor- 
tion to  be  ascertained  by  the  Bank  Commissioners, 
then  the  Act  entitled  "  An  Act  to  Incorporate  the 
Mechanics  Bank  in  New  Haven"  shall  be,  and  the 
same  is  hereby  repealed. 

SEC.  2.  The  avails,  and  all  the  property  of  said 
Bank,  of  every  name  and  description,  provided  said 
proportion  as  specified  in  the  preceding  section  is 
not  paid  as  required  in  said  section,  shall  go  into  the 
hands  of  two  Receivers,  to  be  appointed  by  the 
Governor  of  this  State,  and  shall  be  appropriated  in 
the  following  manner,  viz :  First,  to  the  payment 
c11011  °^  tne  cnarges  and  expenses  of  settling  its  concerns. 
Second,  to  the  payment  of  the  Bank  notes  and  bills 
in  equal  proportions.  Third,  to  the  payment  of  all 
deposites  by  the  Treasurer  of  the  State,  or  by  other 
persons.  Fourth,  to  the  payment  of  all  the  other 
liabilities  in  equal  proportions.  Lastly,  the  surplus 
shall  be  paid  and  distributed  among  the  stock- 
holders in  proportion  to  the  amount  of  their  stock. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


BANKS.  13 


CHAPTER    V. 

An  Act  to  Incorporate  the  Bridgeport  Savings  Bank. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  Benjamin  Wheeler,  Birdsey  G.  Noble,  W.  B. 
Dyer,  Mark  Moore,  Samuel  Simons,  W.  H.  Noble, 
Josiah  Hubbell,  Stephen  Hawley,  Sherwood  Ster- 
ling,  Willys  Stillman,  Smith  Tweedy,  David  Perry, 
Samuel  Stratton,  Gideon  Thompson,  Henry  Shel- 
ton,  Wilson  Hawley,  Thomas  Ransom,  Lemuel 
Coleman,  Joshua  Lord,  Scuyler  Seeley,  Starr  Beach, 
Elihu  Beach,  be,  and  they  hereby  are,  incorporated 
by  the  name  and  title  of  the  Bridgeport  Savings  ^™  of  corp°- 
Bank  ;  and  they,  and  such  others  as  shall  be  duly 
elected  members  of  said  corporation,  shall  be  and 
remain  a  body  politic  and  corporate,  by  the  same 
name,  style,  and  title  forever. 

SEC.  2.  Said  corporation  shall  be  capable  of 
receiving  from  any  person  or  persons  disposed  to 
obtain  or  enjoy  the  advantages  of  said  incorporation, 
any  deposite  or  deposites  of  money  not  exceeding  Limitation  of 

/•ijijii/.  .•',..,       ,.  '    individual  de- 

four  hundred  dollars  from  any  one  individual  in  any  posites. 
one  year,  and  to  use  and  improve  the  same  accord- 
ing to  the  provisions  of  this  act. 

SEC.  3.     All  deposites  of  money  received  by 
said  corporation,  shall  be  used  and  improved  to  the  Loans>  how 
best  advantage,  by  loaning  the  same  by  order  or  made  and  se- 
consent  of  a  majority  of  the  directors,  on  mortgage  cured> 
of  real  estate  or  other  undoubted  security,  and  in  a 
manner  not  inconsistent  with  the  laws  of  this  State  ; 
and  the  funds  of  said  corporation  may  be  vested  by  Funds  may  be 
purchase  of  Bank  stock  in  any  Bank  in  this  State;  invested  in  Bank 
and  the  said  corporation  may  dispose  of  the  same  " 
from  time  to  time,  to  such  an  amount  as  will  meet 
the  demand  for  deposites,  and  the  income  or  the 
profit  thereof,  shall  be  divided  and  applied  among 
the  persons  making  the  deposites,  their  executors  or  Dmdcnd8- 
administrators,  in  just  proportions,  with  such  rea- 
sonable deduction  as  may  be  chargeable  thereon ; 
and  the  principal  of  such  deposite  or  deposites  may 
be  withdrawn  by  the  owners  thereof,  or  by  any  other 


14 


BANKS. 


Notice  to  be 
given  before 
withdrawing  de- 
posites. 


Election  of  mem- 
bers. 


General  powers. 


Time  of  meet- 
ings. 


Quorum. 


Officers,  and 
term  of  service. 


Disqualification 
for  membership 
in  said  corpora- 
tion. 


Officers  not  to 
receive  compen- 
sation. 


By-Laws. 


person  or  persons,  duly  authorized  for  said  purpose, 
on  giving  notice  of  such  intention  in  writing,  and 
lodging  the  same  with  the  Secretary  of  such  corpo- 
ration, at  least  four  months  previous  to  withdrawing 
the  said  deposite  or  deposites. 

SEC.  4.  Said  corporation,  at  their  annual  meet- 
ing, shall  have  power  to  elect  by  ballot  any  other 
persons  to  be  members  of  said  corporation. 

SEC.  5.  Said  corporation  shall  have  a  common 
seal,  which  they  may  change  or  renew  at  pleasure  ; 
and  that  all  deeds,  conveyances,  grants,  covenants, 
and  agreements,  made  by  their  Treasurer,  or  any 
other  person  by  their  authority  and  direction,  shall 
be  good  and  valid  ;  and  said  corporation  shall  at  all 
times  have  power  to  sue,  and  may  be  sued — may 
defend,  and  shall  be  held  to  answer,  by  the  name 
and  style  aforesaid. 

SEC.  6.  After  the  first  meeting,  to  be  holden  as 
hereafter  directed,  there  shall  be  held  an  annual 
meeting  of  the  members  of  said  corporation,  in  the 
month  of  June,  annually,  in  the  city  of  Bridgeport, 
and  at  such  other  times  as  they  shall  judge  expe- 
dient ;  and  any  fifteen  members  of  said  corpora- 
tion, the  President  or  Vice  President,  Treasurer  or 
Secretary  being  one,  shall  be  a  quorum  ;  and  the 
said  corporation,  at  their  annual  meeting,  shall  have 
power  to  choose  a  President,  Vice  President,  mana- 
gers, and  such  other  officers  as  to  them  shall  appear 
necessary  ;  which  officers,  so  chosen,  shall  continue 
one  year  and  until  others  are  chosen  in  their  room  ; 
and  all  officers  so  chosen  shall  be  under  oath,  faith- 
fully to  discharge  the  duties  of  their  respective 
offices. 

SEC.  7.  No  member  of  said  Corporation  shall 
be  the  hirer,  borrower,  or  surety  of  the  funds  of  said 
Corporation,  or  any  part  thereof ;  and  no  President, 
Vice  President,  or  managers  of  said  Corporation, 
shall  be  entitled  to  receive  any  compensation  for 
their  services. 

SEC.  8.  Said  Corporation  hereby  are,  and  for- 
ever shall  be,  vested  with  the  power  of  making  by- 
laws for  the  more  orderly  managing  of  the  business 
of  the  Corporation.  Provided  the  same  are  not 
repugnant  to  the  Constitution  and  laws  of  this  State. 
SEC.  9.  William  B.  Dyer,  Smith  Tweedy, 


BANKS.  15 

Sherwood  Sterling,  and  Wilson  Hawley,  Esqrs.,  or 
any  two  of  them,  be,  and  they  are  hereby  authorized  „. 

11     i        /*  •  f        •  i    t--t  •  i    * lrst  meeting-, 

to  call  the  nrst  meeting  oi  said  Corporation,  and  how  called. 
notice  of  the  time  and  place  of  such  meeting  shall 
be  given  in  the  papers  printed  in  Bridgeport ;  which 
meeting  shall  be  held  within  sixty  days  after  the 
rising  of  this  Assembly ;  at  which  meeting  said 
Corporation  shall  be  organized  by  the  choice  of 
officers,  and  by  transacting  any  other  business  ne- 
cessary to  the  well  ordering  of  the  same. 

SEC.  10.     It  shall  be  the  duty  of  the  President 
and  managers  of  said  Corporation  to  make   an  Annual  RcPor* 

,  _.  ,r  .  .    .          to  be  made  to  the 

annual  report  to  the  General  Assembly,  containing  General  Assem- 
the  amount  of  deposites  and  dividends  declared  and  %• 
made.     Provided  always,  That  this  shall  be  deemed 
a  public  act,  and  may  be  altered  or  repealed  at  the  Act  revocabl.e- 
will  of  the  General  Assembly. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    VI. 


An  Act   to  Incorporate  the  Willimantic  Savings 
Institute. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  Oliver  Kingsley,  Jr.,  John  Tracy,  Lloyd  E. 
Baldwin,  James  D.  Hosmer,  Joshua  B.  Lord,  Royal  ^cor°n0s 
Jennings,  Samuel  Lee,  Horace  Hall,  William  L. 
Jillson,  Laban  Chase,  Newton  Fitch,  Lewis  Gager, 
Lucian  H.  Clark,  Amos  Palmer,  W.  C.  Clark,  be, 
and  they  are  hereby  incorporated  by  the  name  and 
style  of  the  Willimantic  Savings  Institute  ;  and  that  corporation, 
they,  and  such  others  as  shall  be  duly  elected  mem- 
bers of  said  Corporation,  shall  be  and  remain  a  body 
politic  and  corporate,  by  the  name  and  style  afore- 
said. 

SEC.  2.     Said  Corporation  shall  be  capable  of 


16 


BANKS. 


Limitation  of 

individual 

deposites. 


Loans,  how 
made  and  se- 
cured. 


Investment  of 
funds. 


Dividend  of 
profits. 


Withdrawal  of 
deposites  —  no- 
tice to  be  given. 


Members,  when 
chosen. 


General  powers. 


Time  of  meet- 
ings. 


receiving  from  any  person  or  persons  any  deposite 
or  deposites  of  money,  not  exceeding  two  hundred 
dollars,  either  directly  or  indirectly  from  any  indi- 
vidual in  any  one  year ;  and  to  use  and  improve  the 
same  at  their  discretion,  as  herein  after  provided. 

SEC.  3.  All  deposites  of  money  received  by 
said  Corporation  shall  be  used  and  improved  to  the 
best  advantage,  by  loaning  the  same,  by  order  or 
consent  of  a  majority  of  the  directors,  on  mortgage 
of  real  estate  or  other  undoubted  security,  and  in  a 
manner  not  inconsistent  with  the  laws  of  this  State  ; 
and  the  funds  of  said  Corporation  may  be  vested  by 
purchase  in  Bank  stock,  in  any  Bank  in  this  State  ; 
and  said  society  may  dispose  of  the  same  from  time 
to  time  to  such  an  amount  as  will  meet  the  demands 
for  deposites ;  and  the  income  or  profits  thereof 
shall  be  divided  and  applied  among  the  persons 
making  the  deposites,  their  executors  or  adminis- 
trators, in  just  proportions,  with  such  reasonable 
deductions  as  may  be  chargeable  thereon ;  and  the 
principal  of  such  deposite  or  deposites  may  be  with- 
drawn by  the  owner  or  owners  thereof,  or  by  any 
other  person  or  persons  duly  authorized  for  that 
purpose,  in  giving  notice  of  such  intention  in  wri- 
ting, and  lodging  the  same  with  the  Secretary  of 
said  Corporation,  at  least  four  months  previous  to 
withdrawing  such  deposite  or  deposites. 

SEC.  4.  Said  Corporation  shall,  at  their  annual 
meeting  in  June,  elect  by  ballot,  any  other  person 
or  persons  to  be  members  of  said  society,  in  case  ol 
any  vacancy,  so  that  the  members  shall  not  be 
reduced  below  twelve  in  number. 

SEC.  5.  Said  Corporation  may  have  a  common 
seal,  and  all  deeds,  grants,  covenants,  and  agree- 
ments, made  by  any  person  with  their  authority  and 
direction,  according  to  the  by-laws  of  said  society, 
shall  be  good  and  valid  ;  and  said  Corporation  may 
sue  and  be  sued,  may  defend  and  shall  be  held  to 
answer,  by  said  corporate  name. 

SEC.  6.  A  meeting  of  the  members  of  said 
society  shall  be  held  at  said  Willimantic,  in  the 
month  of  June,  annually,  and  at  such  other  times 
as  they  shall  judge  expedient,  and  any  seven  mem- 
bers of  said  Corporation,  the  President  or  Vice 
President,  Treasurer  or  Secretary  being  one,  shall 


_  CITIES. 17 

be  a  quorum.      And    said   Corporation  at   their  Quorum. 
annual  meeting,  shall  elect  a  President,  Vice  Presi- 
dent, five  directors,  and  all  such  officers  as  to  them 
shall  appear  necessary,  which  officers  shall  continue 
in  office  one  year,  and  until  others  are  chosen  in  Officers  and  their 

their  room.  term  of  service. 

SEC.  7.    No  President,  Vice  President,  or  trustee  _.„ 

»        .  ,    ~  .  ill!  -11  •          Officers  not  to 

01  said  Corporation,  shall  be  entitled  to  or  receive  receive  compen- 
any  compensation  for  his  services  ;  and  no  member  sation. 
thereof  shall  be  the  hirer  or  borrower,  or  surety  for 
any  hirer  or  borrower  of  the  funds  of  said  Corpo- 
ration,  or  any  part  thereof. 

SEC.  8.     Said  Corporation  shall  have  the  power 
of  making  by-laws  for  the  more  orderly  managing  Corporation  may 
of  the  business  of  the  Corporation,  provided  the  enact  by-laws. 
same  are  not  repugnant  to  the  constitution  and 
laws  of  this  State. 

SEC.  9.     Oliver  Kingsley,  Jr.,  Esq.,  is  hereby 
authorized  to  call  the  first  meeting  of  said  Corpora- 
tion, by  causing  personal  notice  to  be  given  the  First  Meeting. 
members  thereof  of  the  time  and  place  of  holding 
said  meeting  in  the  month  of  June,  1842. 

SEC.   10.     It  shall  be  the  duty  of  the  President 
and  Directors  of  said  Corporation,  to  make  annual  Annual  re  Ort3 
reports  of  the  deposites  and  dividends  declared  and 
made. 

Provided  always,  That  this  act  may  be  altered,  Act  revocable. 
amended  or  repealed,  at  the  pleasure  of  the  Gene- 
ral Assembly. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND, 


CHAPTER    VII. 

An  Act  to  amend   the   Charter    of  the   City  of 
Hartford. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
3 


18 


CITIES. 


Number  of 
Wards. 


Number   of  Al- 
dermen and 
Common   Coun- 
cilmen. 


Time  of  Ward 

Meetings. 


Powers  of  the 
Court   of   Com- 
mon Council. 


Limitation  of 
penalties,  and 
right  of  voting. 


City  Court,  how 
constituted. 


That  the  Court  of  Common  Council  of  the  city  of 
Hartford  shall  have  power  to  divide  said  city  into 
not  less  than  four,  nor  more  than  six  wards,  for 
the  election  of  Aldermen  and  Common  Council- 
men  of  said  city,  and  to  determine  and  fix  the 
lines  and  boundaries  of  said  wards ;  each  of 
which  wards  shall  choose,  annually,  one  Alderman 
and  no  more  ;  and  an  equal  number  of  not  less 
than  two,  nor  more  than  five  Common  Council 
men,  as  said  city,  in  legal  meeting  assembled  for 
that  purpose,  shall  direct.  The  meetings  in  all  the 
wards  for  the  above  purpose,  shall  be  held  simul- 
taneously at  such  time  in  the  month  of  April,  in 
each  year,  as  the  Court  of  Common  Council  of 
said  city  shall  prescribe. 

SEC.  2.  The  Court  of  Common  Council  of  said 
city  shall  have  power  to  make  by-laws,  prescribing 
the  place  and  manner  of  holding  the  elections  for 
Aldermen  and  Common  Councilmen  in  each 
wa^rd,  designating  the  persons  who  shall  preside  at 
said  elections,  and  to  make  all  necessary  by-laws 
for  the  purpose  of  carrying  this  act  into  effect,  and 
to  inflict  penalties  for  the  breach  of  such  by-laws. 
Provided,  That  no  penalty  shall  exceed  the  sum 
of  thirty-four  dollars ;  and  provided  further,  that  all 
said  by-laws,  shall  be  approved  by  said  city  in 
legal  meeting  assembled,  and  shall  be  published  at 
least  three  weeks  successively  in  some  newspaper 
in  said  city,  before  the  same  shall  be  of  any  validi- 
ty. Provided,  also,  that  no  person  shall  be  entitled 
to  vote  in  any  ward  meeting  in  said  city,  except 
such  persons  residing  in  said  ward  as  shall  be,  by 
the  laws  now  existing,  duly  qualified  to  vote  in 
meetings  of  said  city. 

SEC.  3.  If  said  city  shall  be  divided  into  wards, 
and  the  Aldermen  thereof  be  elected  according  to 
the  provisions  of  this  act,  and  the  by-laws  made 
by  said  city  in  accordance  therewith,  the  Court  of 
Common  Council  of  said  city  shall  annually  there- 
after, at  the  meeting  of  said  Council  held  for  the 
choice  of  Recorder  of  said  city,  by  a  major  vote 
of  those  present  at  said  meeting,  choose  and  desig- 
nate two  of  the  Aldermen  of  said  city  as  Judges, 
who,  with  the  Recorder,  shall  constitute  the  City 
Court  of  said  city. 


CITIES. 


19 


SEC.  4.  The  Court  of  Common  Council  of  the 
city  of  Hartford  are  hereby  authorized  and  empow- 
ered to  make  by-laws  directing  whether  the  votes 
for  Mayor,  Clerk,  Treasurer^  Auditor,  Collector, 
and  city  Sheriffs,  shall  be  received  at  the  ward 
meetings,  or  at  a  general  city  meeting,  and  regula- 
ting the  mode  of  receiving,  and  counting  the  same. 

SEC.  5.  This  act  shall  not  take  effect  until  the 
same  shall  have  been  accepted  and  approved  in  a 
city  meeting  of  the  city  of  Hartford,  legally  warned 
and  holden  for  that  purpose. 

SEC.  6.  This  act  may  at  any  time  be  altered, 
amended  or  repealed,  by  the  General  Assembly. 

Approved,  June  3,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Court  of  Com- 
mon Council  em- 
powered to  make 
By-laws  regula- 
ting election  of 
City  Officers. 


Act  when  to  take 
effect. 


Revocable,  &c. 


CHAPTER    VIII. 

An  Act  to  regulate  the  removal  of  buildings  within 
the  City  of  Hartford. 

SEC.   1 .     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  Court  of  Common  Council  of  the  city  of 
Hartford,  are  hereby  authorized,  at  any  legal  meet-  Com.  ofCom_ 
ing  thereof,  by  a  major  vote,  to  grant  liberty  to  any  mon  Council 
person  or  persons  to  remove  any  building  through  may  P?™*1  *e 

..       •! .      .  removal  of  build- 

any  public  street  or  streets  01  said  city,  under  such  ings. 

regulations,  and  within  such  time,  as  said  Court  of 
Common  Council  shall  prescribe. 

SEC.  2.     No  building  shall  hereafter  be  removed 
upon  or  through  any  public   street   or   highway  Buildings  not  to 
within  the  limits  of  said  city  of  Hartford,  except  by  be  removed 
and  with  the  license  of  the  Court  of  Common  J 
Council  of  said  city,  and  in  such  manner,  and  licence. 
within  such  time,  as  said  Court  of  Common  Coun- 
cil shall  prescribe. 

SEC.  3.     Every  person  who  shall  remove  any 
building,  and  every  person  who  shall  aid  or  assist  in 


20 


CITIES. 


Forfeiture  for 
violation. 


removing  any  building,  within  the  limits  of  said 
city,  contrary  to  the  provisions  of  this  act,  shall  for- 
feit and  pay  to  the  Treasurer  of  said  city,  for  the 
use  of  said  city,  the  sum  of  fifty  dollars. 

SEC.  4.  Every  person  who  shall  remove  any 
building  upon  or  through  any  public  street  or  high- 
way in  said  city,  contrary  to  the  provisions  of  this 
act,  or  the  regulations  and  license  of  said  Court  of 
Common  Council,  shall,  in  addition  to  the  above 
penalty,  forfeit  and  pay  to  the  Treasurer  of  said 
city,  for  the  use  of  said  city,  the  sum  of  twenty 
dollars,  for  each  and  every  day  said  building  shall 
be  and  remain  upon  any  highway  within  said  city. 
SEC.  5.  This  act  shall  not  take  effect  until 

Act  when  to  take  approved  by  a  vote  of  the  city,  in  a  city  meeting 

effect.  legally  warned  for  that  purpose. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Further 
forfeiture. 


CHAPTER    IX. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
Incorporating  the  City  of  New  Haven." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
There  shall  be  a  Recorder  for  the  City  of  New 
Haven,  who  shall  be  the  Chief  Judge  of  the  City 
Court  of  said  city,  and  shall  perform  all  the  duties 
of  a  Judge  of  said  Court  instead  of  the  Mayor  of 
said  city.  And  he  shall  also  have  and  exercise  all 
the  other  judicial  powers  and  authority  now  by  law 
appertaining  to  the  office  of  Mayor  of  said  City  ; 
and  said  power  and  authority  are  hereby  transferred 
from  said  office  of  Mayor  to  said  office  of  Recorder. 
SEC.  2.  The  Recorder  of  said  city  shall  be 
When  and  how  annua%  chosen  by  the  Court  of  Common  Council, 
at  a  meeting  specially  held  for  that  purpose,  after 
the  annual  city  meeting,  and  he  shall  hold  his  office 


Recorder,  his 
duties  — 


and  powers. 


chosem 


CITIES.  21 

until  another  be  chosen  and  sworn.     He  shall  take 

the  oath  provided  by  law  to  be  administered  to 

other  judicial  officers,  and  shall  receive  such  com-  Compensation. 

pensation  as  shall  be  established  by  by-law  of  said 

city. 

SEC.  3.  In  case  said  office  of  Recorder  shall  at 
any  time  become  vacant,  by  death  or  otherwise, 
said  Court  of  Common  Council  shall  supply  such  ,, 

.  rr  j  Vacancy,  how 

vacancy  at  a  meeting  specially  warned  for  that  pur-  supplied. 
pose,  and  the  person  chosen  to  supply  said  vacancy 
shall  hold  said  office  until  the  next  succeeding  an- 
nual meeting,  and  until   another  be  chosen  and 
sworn. 

SEC.  4.  The  Mayor  of  said  city  shall  hereafter 
be  the  chief  executive  magistrate  thereof ;  and  it 
shall  be  his  duty  to  be  vigilant  and  active  in  causing  and  powers.  "  y 
the  laws  to  be  executed  and  enforced,  and  he  shall 
be  conservator  of  the  peace  within  said  city,  and 
shall  have  authority  with  force  and  strong  hand, 
when  necessary,  to  suppress  all  tumults,  riots,  routs 
and  unlawful  assemblies,  and  to  arrest  without  war- 
rant, and  commit  to  prison,  for  a  time  not  exceed- 
ing twenty-four  hours,  any  person  or  persons  who 
may  be  detected  in  revelling,  quarrelling,  brawling, 
or  otherwise  behaving  in  a  disorderly  manner,  to 
the  disturbance  or  annoyance  of  the  peaceable  in- 
habitants of  said  city.  He  is  also  empowered  to 
enter  any  house  or  building  which  he  has  reason- 
able cause  to  suspect  to  be  inhabited  by  persons  of 
ill  fame,  or  to  which  persons  of  dissolute,  idle,  or 
disorderly  character  are  suspected  to  resort.  And 
if  any  dissolute,  disorderly,  or  vagrant  persons  are 
found  assembled  in  or  about  any  such  house  or  build- 
ing, he  shall  command  all  such  persons  immediately 
to  disperse,  if  in  his  opinion  the  good  order  of  any 
portion  of  the  city  require  it ;  and  in  case  of  neglect 
or  refusal  to  obey  such  command,  he  is  hereby 
authorized  to  commit  any  person  or  persons  so  dis- 
obeying to  prison  for  a  term  not  exceeding  forty- 
eight  hours ;  and  he  shall  have,  and  may  exercise 
within  the  limits  of  said  city,  all  the  powers  given 
to  sheriffs  or  other  officers  by  the  59th  and  60th 
sections  of  the  Act  entitled  "  An  Act  concerning 
Crimes  and  Punishments,"  and  he  may  at  all  times, 
if  need  be,  require  the  aid  of  any  Sheriff,  Deputy 


22  CHESHIRE. 


Sheriff,  Town  or  City  Constable  or  Watchman,  or 
any  or  all  of  them,  together  with  such  other  aid  as 
may  be  necessary.  And  whenever  he  shall  have 
reason  to  believe  that  great  opposition  will  be  made 
to  the  execution  of  his  authority,  he  shall  have 
power  to  call  out  the  several  companies  of  militia  in 
said  city,  or  any  or  either  of  them,  and  may  exert 
all  the  force  necessary  to  enable  him  to  execute  the 
laws  within  the  limits  of  said  city. 

SEC.  5.     If  any  person  shall  hinder,  obstruct, 

resist,  or  abuse  the  Mayor  in  the  execution  of  his 

office,  or  when  commanded  to  assist  him  therein, 

(being  of  sufficient  age  and  ability,)  shall  refuse  or 

Penalty  for  re-  unreasonably  neglect  so  to  do,  such  offender,  being 

sisting  and  re-  thereof  duly  convicted,  shall  pay  a  fine  not  exceed- 

Manort0°beythe  *n^>  one  hunted  dollars,  or  shall  be  imprisoned  in 

the  county  gaol  not  exceeding  six  months,  or  both, 

at  the  discretion  of  the  court  having  cognizance  of 

the  offence. 

SEC.  C.  Every  commissioned  officer  and  sol- 
dier when  called  into  service  by  the  Mayor  of  said 
city,  in  manner  aforesaid,  shall  be  entitled  to  the 
same  pay,  and  for  disobeying  the  commands  of  the 
Pay  of  military  sa\^  Mayor,  shall  be  subject  to  the  same  penalty  as 
is  provided  when  called  into  service  by  the  Sheriff 
of  the  county,  by  virtue  of  the  Act  entitled  "  An 
Act  relating  to  Sheriffs." 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    X. 


Whereas,  the  Assessors  chosen  by  the  town  of 
Cheshire,  on  the  first  Monday  in  October,  1841, 
refused,  and  did  not  accept,  or  act  as  such  Asses- 
sors, by  reason  of  which  other  Assessors  were  after- 
wards chosen  by  said  town,  at  a  special  meeting 
warned  and  held  for  that  purpose,  in  said  month  of 
October,  1  84  1  .  Therefore, 


COURTS.  23 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
said  choice  of  Assessors  at  said  special  town  meet- 
ing, and  their  doings  as  such,  shall  not,  for  the 
reason  that  they  were  not  chosen  on  or  before  the 
first  Monday  in  October,  1841,  be  considered  or  Doings  of  As- 
adjudged  void,  but  the  same,  and  the  doings  of  said  ses«°rs  con- 
Assessors,  if  in  all  other  respects  conformable  to 
law,  are  hereby  ratified  and  confirmed. 

Approved,  June  8,  1842. 

* 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XI. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
constituting  and  regulating  Courts,  and  for  ap- 
pointing the  times  and  places  of  holding  the 
same." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  first,  second,  third,  fourth,  fifth,  sixth, 
seventh,  eighth,  fourteenth,  fifteenth,  and  seven- 
teenth sections  of  the  act  passed  May  session,  1841, 
approved  June  9th,  1841,  entitled  "  An  Act  for 
constituting  and  regulating  Courts,  and  for  appoint- 
ing the  times  and  places  of  holding  the  same,"  be, 
and  the  same  are  hereby  repealed.  And  also,  that 
so  much  of  the  sixteenth  section  of  the  last  men- 
tioned act  as  provides  that  the  salaries  of  the 
judges  of  the  County  Court  shall  be  eight  hundred 
dollars,  be,  and  the  same  is  hereby  repealed.  Also 
that  the  fourth  section  of  an  act  passed  May  session, 
1838,  approved  May  31st,  1838,  entitled  '-'An  Act 
in  alteration  of  an  Act  entitled  an  Act  for  consti- 
tuting and  regulating  Courts,  and  appointing  the 
times  and  places  of  holding  the  same,"  be,  and  the 
same  is  hereby  repealed. 

SEC.  2.     That  the  several  County  Courts  in  this 


24  COURTS. 

State  shall  respectively  be  held  by  one  judge,  resi- 
ding in  the  county,  who  shall  be  annually  appointed 
Judge  of  County  j-,y  tne  General  Assembly,  and  who  shall  have  the 

Court ;  how   ap-  ,  .1         j    ,  •  ,    •    •  .  i 

pointed ;  his        power  and  exercise  the  duties  pertaining  to  the 
powers.  judges  of  said  court  within  the  county  for  which  he 

is  appointed. 

SEC.  3.     If  the  office  of  judge  of  the  County 
Court  shall  be  vacant,  or  the  judge  be  disabled  by 
sickness,  at  any  time  when  the  General  Assembly 
is  not  in  session,  the  clerk  of  said  court,  but  if  there 
Provision  for  va-  be  no  clerk  able  to  act,  then  the  sheriff  of  such 
ability0'  couftty  shall  give  notice  thereof  as  occasion  may 

from  time  to  time  require,  to  the  judge  of  some 
other  County  Court  in  this  State,  who  shall  there- 
upon have  power  to  perform  all  the  duties  of  judge 
in  the  county  where  such  vacancy  or  disability  has 
occurred,  during  the  continuance  of  such  vacancy 
When  the  Jud-^e  or  disability,  and  whenever  the  judge  shall  be  dis- 
is  disqualified,      qualified  to  sit  in  a  cause  pending  before  said  court 
appeakb^rthe01  which  is  not  appealable,  his  place  shall  be  supplied 
case  to  be'  tried  by  three  justices  of  the  peace,  selected  in  the  man- 
by  Justices  of  the  ner  prescribed  in  the  39th  section  of  the  act  enti- 
tled "  An  act  for  constituting  and  regulating  Courts, 
and  for  appointing  the  times  and  places  of  holding 
If  appealable,      the  same  ;"  and  if  such  case  shall  be  appealable, 
the  plaintiff  may  then  the  plaintiff  shall  have  power  to  remove  it  to 

remove  the  case    .»  ,   &  •        /~t  •  •  j   i  *.-         j 

to  the  Superior    tne  next  Superior  Court,  as  in  said  last  mentioned 
Court.  section  provided. 

SEC.  4.     That  the  County  Courts,  as  constituted 
by  this  act,  shall,  and  may,  except  as  herein  other- 
wise provided,  exercise  all  the  powers  and  be  sub- 
Powers  of  Coun-  ject  to  all  the  duties  exercised  by  and  imposed  upon 

coiSrmld.          ^d  courts  as  now  constituted. 

SEC.  5.  This  act  shall  be  in  force  from  and 
after  the  twentieth  day  of  June,  1842;  and  there- 
Act  when  to  take  upon  all  acts  and  parts  of  acts,  inconsistent  here- 
with, shall  be  repealed. 

SEC.  6.  The  salaries  of  said  judges  shall  be  as 
follows,  viz  :  for  the  judge  of  the  County  of  Hart- 
ford, three  hundred  seventy-five  dollars;  for  the 
judge  of  the  County  of  New  Haven,  three  hundred 
seventy-five  dollars ;  for  the  judge  of  the  County 
of  New  London,  three  hundred  twenty-five  dollars ; 
for  the  judge  of  the  County  of  Fairfield,  three 
hundred  twenty-five  dollars ;  for  the  judge  of  the 


COURTS.  25 

County  of  Litchfield,  three  hundred  twenty-five 
dollars ;  for  the  judge  of  the  County  of  Windham, 
two  hundred  fifty  dollars;    for  the  judge  of  the 
County  of  Middlesex,  two  hundred  fifty  dollars ; 
for  the  judge  of  the  County  of  Tollajnd,  one  hun- 
dred seventy-five  dollars  ;  which  salaries  shall  be  when  and  how 
payable  at  the  times  and  in  the  manner  provided  payable, 
by  law  for  the  payment  of  the  salaries  of  the  judges 
of  the  Superior   Court  and    Supreme   Court  of 
Errors. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XII. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  constituting  and  regulating  Courts,  and  for 
appointing  the  times  and  places  of  holding  the 
same." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  in  any  county,  in  which  more  than 
one  town  is  by  law  designated  for  holding  the  Su- 
perior and  County  Courts  therein,  an  adjournment  Adjournment  of 
of  such  courts  shall  be  required,  pursuant  to  the  Cour,ts  in  c°un: 

,_,  1^,1  •  f  i  •    i       i  •     •      ties  navmg  nalt- 

Joth  and  loth  sections  ot  an  act  to  which  this  is  shire  towns. 
an  addition,  the  judge  or  judges  holding  such  court, 
may  adjourn  the  same  to  be  held  in  such  of  said 
towns  as  he  shall  consider  will  most  promote  the 
public  convenience. 

SEC.  2.     Depositions  taken  to  be  used  before 
the  Superior  or  County  Court,  duly  sealed  up  and  Depositions  may 
directed  to  such  court,  may  be  opened  by  a  clerk  be  °Pened  by 

f  ,1       ci  •  /-«          ,      ft        .   •  .       Clerks  of  Supe- 

ol  the  superior  or  County  Court  in  any  county  in  rior  ^d.  County 
this  State  ;  the  clerk  so  opening  such  deposition  Courts. 
certifying  thereupon  the  time  and  place  of  his  open- 
ing the  same. 

SEC.  3.     The  act,  passed  May  session,  1841, 
4 


26  COURTS. 

relating  to  adjourned  terms  of  the  Superior  and 
Acts  repealed  by  County  Courts,  and  all  acts,  and  parts  of  acts,  in- 
this  act.  consistent  with  the  provisions  of  this  act,  shall  be, 

and  the  same  are,  hereby  repealed. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XIII. 

An  Act  respecting  the  Supreme  Court  of  Errors. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  immediately  after  the  adjournment  of  the  Su- 
preme Court  of  Errors  in  any  county,  there  may 
A  special  session  be  holden  in  such  county  for  the  purposes  herein- 
of  the  Superior    after  specified,  and  for  no  other  purpose,  a  session 

Court  may  be  r  *u      ct  •        /~i         ±  u  u    •     '  f        '*  f\ 

held  upon  ad-      of  the  Superior  Court  by  such  judge  of  said  Court 

journmentofthe  as  said  Court  of  Errors  shall  designate;  which  Su- 

ofUPErrors  —  Us  Peri°r  Court  shall  have  the  same  power  to  render 

powers.  judgment,  and  to  cause  execution  to  issue  in  all 

actions  heard  or  decided  during  the  preceding  term 

of  said  Supreme  Court,  as  any  Superior  Court  would 

have  at  its  regular  term  in  the  county  where  such 

action  originated. 

SEC.  2.     The  clerks  of  the  respective  Superior 

Courts  shall  cause  their  entries  and  records  in  such 

Entries,  &c    by  acti°ns  to  conform  to  the  orders  made  from  time 

Clerks  of  the      to  time  by  the  judge  holding  such  special  session  of 

Superior  Courts,  the  Superior  Courts. 

Supreme  Court  SEC.  3.  The  Supreme  Court  of  Errors  are 
^U^  empowered  to  make  all  rules  proper  to  carry 
mto  effect  the  true  intent  and  meaning  of  this  Act. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


COURTS. 


CHAPTER    XIV. 


Clerks  of  Supe- 
rior Courts,  &c. 


An  Act  relating  to  the  appointment  of  Clerks  of 
Courts. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  clerks  appointed  by  the  several  County 
Courts  agreeably  to  the  19th  section  of  "An  Act 
for  constituting  and  regulating  courts  and  for  ap-  Clerks  of  countv 
pointing  the  times  and  places  of  holding  the  same,"  Courts  to  be  the 
shall  be  clerks  of  the  Superior  Court  and  of  the 
Supreme  Court  of  Errors,  in  and  for  their  respec- 
tive counties  ;  whose  powers  and  duties  shall  be  the 
same  as  those  now  exercised  and  enjoyed  by  the 
several  clerks  of  the  Superior  Court  and  Supreme 
Court  of  Errors. 

SEC.  2.     Be  it  further  enacted,  That  all  acts  Acts  repealed  by 
and  parts  of  acts  inconsistent  with  this   act,  be,  this  act. 
and  the  same  hereby  are  repealed. 

Approved,  June  9;  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XV. 


An  Act  to  repeal  an  Act  therein  named. 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  the 
Act  entitled  "An  Act  in  addition  to  an  Act  entitled 
an  Act  for  constituting  and  regulating  Courts,  and  Actf  rePealed 
for  appointing  the  times  and  places  of  holding  the  ^werto^emove 
same,"  passed  May  session,  1841,  empowering  the  cases  from  one 
chief  judge  of  the  Supreme    Court  to  order  that 
the  cases  which  are,  or  may  stand  for  trial  in  any 
one  county,  may  be  tried  in  some  adjoining  county, 


28  CRIMES    AMD    PUNISHMENTS. 

and  for  other  purposes  in  said  act  specified,  be,  and 
the  same  is  hereby  repealed. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XVI. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  con- 
cerning Crimes  and  Punishments." 

SEC.   1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

That  whenever,  in  any  prosecution  pending  before 

the  Superior  or  County  Court,  it  shall  be  made  to 

Depositions       appear  to  such  Court,  or  to  the  judge  who  shall 

under  what  or-  }jave  been  designated  to  hold  the  next  term  of  said 

cumstances  to  be    /->,  ., 

taken,  and  before  Court,  that  the  testimony  of  any  witness,  or  wit- 
whom.  nesses,  will  be  required,  who,  by  reason  of  sickness, 

bodily  infirmity,  or  residence  out  of  this  State,  can- 
not be  had  in  person  before  such  Court  on  the  trial 
of  such  prosecution,  such  Court,  or  judge,  may, 
upon  the  application  of  such  person  so  prosecuted, 
order  and  direct  that  the  deposition  of  such  witness, 
or  witnesses,  shall  be  taken  befere  a  commissioner, 
or  magistrate,  to  be  designated  by  such  Court,  or 
judge. 

Provided,  however,  that  no  such  deposition  shall 
be  so  taken  until  after  reasonable  notice  shall  have 
given**)  the  °      keen  given  to  the  attorney  for  the  State  in  the 
State's  Attorney  County  in  which  such  prosecution  shall  be  so  pen- 
tion%esXa^wer  ding,  of  the  time  and  place,  when  and  where  such 
to  file  additional  examination  shall  be  had,  and  of  the  interrogatories 
interrogatories,    to  be  propounded  to  the    witness,  or   witnesses. 
And  said  attorney  may,  within  such  time  as  such 
Court  or  judge  shall  limit  and  appoint,  file  with  the 
clerk  of  said  Court,  where  such  prosecution  shall 
be  pending,  additional   interrogatories  to  be  pro- 
Depositions  ad-  pounded  to  the  witness  or  witnesses  to  be  examined, 
missibie  on  trial.  And  depositions  so  taken  and  opened,  and  lodged 


ELECTIONS. 


29 


on  file  with  the  clerk  of  said  Court,  within  such 
time  as  said  Court  or  judge  shall  direct,  may  be 
used  on  the  trial  of  such  prosecution. 

Approved,  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XVII. 

An  Act  regulating  Elections. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly,  convened, 
That  at  the  Electors'  meetings  in  the  respective 
towns  in  this  State,  on  the  first  Monday  in  April,  in  Names. of  E1f- 

,  A,  .  ,.  fr  i     11  u       tors  voting  on  the 

each  year,  the  presiding  officer  shall  cause  to  be  fjrst  Monday  in 
made  a  record  of  the  name  of  every  person  depos-  April  to  be  re- 
iting  his  vote  in  the  ballot  box  provided  for  the  re-  ° 
ception  of  votes  for  Governor,  Lieutenant  Gover- 
nor, Secretary,   Treasurer,    Comptroller,  Senator, 
Sheriff  and  members  of  Congress;  which  said  re-  Record  to  be  de- 
cord  shall  at  the  close  of  the  election,  be  deposited  posited  with  the 
with  the  town  clerk  according  to  the  provisions  Town  CIerk- 
of  an  act  entitled  "  an  Act  in  alteration  of  an  Act 
regulating  the  Election  of  Governor,  Lieutenant 
Governor,  Senators,  Members  of  the  House  of  Rep- 
resentatives, Treasurer  and   Secretary,"  passed  at 
the  Special  Session  of  the  General  Assembly,  be- 
gun and  held  on  the  21st  day  of  December,    1836,  Act  as  modified 
approved  December  29,  1836  —  which  last  men-  re-enacted, 
tioned  act,  as  modified  by  subsequent  acts  now  in 
force,  and  not  repealed  by  the  following  sections  of 
this  act,  is  hereby  revived  and  re-enacted. 

SEC.  2.  Be  it  further  enacted,  That  the  act 
entitled  "an  Act  to  provide  for  the  Registration  of 
the  Names  of  the  Electors  of  this  State,"  passedby  the 
General  Assembly  at  their  May  Session,  begun  and 
held  on  the  first  Wednesday  of  May,  1 840,  approvd 
June  5th,  1840,  be,  and  the  same  is  hereby  repealed. 

SEC.  3.  Be '  it  further  enacted,  That  sections 
second,  third,  fourth,  fifth,  sixth,  seventh,  eighth, 


30 


ELECTIONS. 


Repealing  cer- 
tain sections  of 
another  act. 


Act  of  1839 
repealed. 


Qualifications  for 
voting  for  State 
Officers  and 
Electors  of 
President,  &c. 


Representatives 
in  Congress, 


and  Sheriff  of  the 
County. 


Electors  coming 
from  other  towns 
to  produce  cer- 
tificates and  be 
sworn. 


False  swearing, 
how  punished. 


and  ninth  of  the  act  entitled  "  an  Act  regulating 
special  electors  meeting,  for  the  choice  of  Repre- 
sentatives in  the  Congress  of  the  United  States," 
passed  by  the  General  Assembly  at  their  session 
held  in  May,  1840,  be,  and  same  hereby  is  repealed. 

SEC.  4.  Be  it  further  enacted,  That  the  act 
entitled  "  an  Act  to  provide  for  the  Registration  of 
the  Names  of  Electors,"  passed  by  the  General  As- 
sembly at  their  session,  held  on  the  first  Wednes- 
day of  May,  1839,  approved  June  7th,  1839,  be, 
and  the  same  is  hereby  repealed. 

SEC.  5.  Be  it  further  enacted,  That  every  le- 
gally qualified  elector  of  any  town  in  this  State,  hav- 
ing resided  in  the  State  the  time  required  by  law, 
shall  be  authorized  to  vote  in  any  other  town  in  the 
State  for  Governor,  Lieutenant  Governor,  Secreta- 
ry, Treasurer,  Comptroller,  and  electors  of  President, 
and  Vice  President  of  the  United  States ;  and  ev- 
ery such  elector  who  may  lawfully  vote  for  Repre- 
sentatives in  any  town  in  the  Congressional  District 
in  which  he  resides,  or  who  shall  have  resided  four 
months  next  preceding  in  such  Congressional  Dis- 
trict, shall  be  authorized  to  vote  in  any  town  in  the 
Congressional  District  in  which  he  resides  at  any 
election  for  a  Member  of  Congress  in  said  District; 
and  any  such  elector  who  may  lawfully  vote  for  Re- 
presentatives in  any  town  in  the  county  in  which 
he  resides,  or  who  shall  have  resided  in  such  coun- 
ty for  the  period  of  four  months  next  preceding,  shall 
be  authorized  to  vote  in  any  town  in  the  county  in 
which  he  resides  at  any  election  for  Sheriff  for  said 
county.  Provided,  If  such  elector  offers  his  vote 
in  any  other  town  than  the  one  in  which  he  may 
lawfully  vote  for  Representatives,  he  shall  produce 
a  certificate  from  the  town  clerk  of  the  town  in 
which  he  shall  have  been  admitted  an  elector,  of  such 
his  admission,  and  shall  be  sworn  before  the  presi- 
ding officer  of  the  Electors'  Meeting  where  he  of- 
fers to  vote,  (which  oath  said  presiding  officer  is 
hereby  authorized  to  administer,)  that  he  is  the  iden- 
tical person  named  in  the  certificate  produced,  and 
that  he  has  not  on  the  same  day  voted  in  any  other 
town  in  this  State : — and  false  swearing  in  the  mat- 
ter above  specified  shall  be  deemed  perjury,  and 
punished  accordingly  ;  and  the  certificates  required 


ELECTIONS.  31 


by  law  to  be  produced  by  such  electors  shall  be  Certificates  to  be 

,          i-.ii  •  f    ii_  11         u       deposited  with 

placed  in  the  possession  of  the  town  clerk  who  Town  Clerk. 
shall  preserve  the  same. 

SEC.  6.     The  town  clerk  and  selectmen  shall 
be  in  session  during  the  Electors  meetings  of  their 
respective  towns,  at  or  near  the  place  where  such 
meeting  is  held,  and  if  the  vote  of   any  person  is  Town  CIerk  ^ 
challenged,  and  if  in  the  opinion  of  the  presiding  Selectmen   may 
officer  of  the  meeting,  delay  would  arise  by  the  de-  decide  on  chai- 
cision  of  the  challenge  by  himself,  then  said  presi- 
ding officer  may  refer  the  question  whether  the  per- 
son whose  vote  is  challenged  is  entitled  to  vote,  to 
said  town  clerk    and  selectmen   by  whom   such 
question  shall  be  immediately  heard  and  decided, 
before  the  ballot  box  is  closed,  and  reported  to  the 
presiding  officer,  who  shall  conform  to  such  decision. 
The  town  clerk  and  a  majority  of  the  selectmen, 
and  in  the  absence  of  the  town  clerk,  a  majority  Quorum  there- 
of the  selectmen,  shall  constitute  a  quorum  to  act  for> 
on  such  question,  and  a  quorum  being  present,  the 
decision  of  a  majority  of  those  present  shall  be 
binding. 

Approved  June  7,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XVIII. 

An  Act  relative  to  Students  at  Literary  Institu- 
tions. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  in  all  cases,  where  persons  have  left,  or  shall 
leave,  their  home  or  place  where  they  reside,  to 
attend  any  Academy,  College,  or  other  Literary  In- 
stitution, in  any  town  or  city  in  this  State,  for  the 
purpose  of  obtaining  an  education,  that  absence  for 
such  purpose,  while  so  attending  such  Academy, 
College,  or  other  Literary  Institution,  as  students, 


32 


ELECTIONS. 


Residence   at  a 
Literary  Institu- 
tion, not  to  con- 
stitute such  a 
change  of  domi- 
cil  as  to  subject 
the  person  to 
taxation,  or  to 
confer  the  privi- 
leges of  an 
elector. 


shall  not  constitute  a  change  of  the  place  of  resi- 
dence of  such  persons,  so  as  to  cause  them  to  be 
liable  to  be  taxed,  or  to  be  entitled  to  be  admitted 
to  the  privilege  of  electors,  or  being  electors,  to  vote 
in  the  town  or  city  where  such  Academy,  College, 
or  Literary  Institution  is  situated,  and  where  a  res- 
idence in  said  town  or  city  is  by  law  neccessary 
for  the  purposes  aforesaid;  but  all  such  persons 
shall  be  subject  to  such  liability  (unless  by  law  ex- 
empt therefrom)  and  entitled  to  such  privileges,  if 
otherwise  duly  qualified,  in  the  town  or  place  where 
they  resided  previous  to  such  temporary  absence 
for  the  purpose  of  obtaining  an  education  as 
aforesaid,  or  in  such  other  town  to  which  they  may 
have  changed  their  home  and  residence  during  said 
time. 

SEC.  2.  Be  it  further  enacted,  That  so  much  of 
any  former  act,  or  acts  as  is  inconsistent  with  this 
act,  be,  and  the  same  hereby  is  repealed,  and  that 
this  act  shall  take  effect  from  the  time  of  passing 
the  same. 

Approved,  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Towns  may 
order  the  ballot 
boxes  to  be 
opened  at  seven 
o  clock  in  the 
morning. 


CHAPTER  XIX. 

An  Act  in  addition  to  "An  Act  conferring  certain 
powers  on  the  towns  therein  named." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  several  towns  in  this  State,  at  their  an- 
nual town  meetings,  a  notice  to  that  effect  having 
been  inserted  in  the  warning  therefor,  shall  have 
right,  if  they  see  fit,  to  order  that  all  future  elec- 
tors meetings  in  said  towns,  respectively,  shall  be 
warned,  opened  and  holden  at  7  o'clock,,  in  the 
morning,  and  that  the  ballot  box  for  all  officers  to 


ELECTIONS.  33 


be  chosen  at  said  meetings,  shall  be  opened  at  that 
time. 

SEC.  2.     Any  towns  having  passed  the  order 
named  in  the  preceding  section  of  this  act,  shall  when  and  how 
have  the  power  to  rescind  the  same  only  at  a  future  rescinded. 
annual  town  meeting ;  a  notice  to  that  effect  hav- 
ing been  inserted  in  the  warning  therefor. 

SEC.  3.     That  in  the  towns  of  Hartford,  New 
Haven,  and  in  all  other  towns  in  which  the  order 
specified  in  the  first  section  of  this  act  shall  have 
passed  and  be  in  force,  the  town  clerk  and  select- 
men of  said  towns  respectively  shall  meet  together  Board  for  ^^ 
on  the  day  of    holding  electors  meeting  in  said  ting  electors  to 
towns,  at  7  o'clock,  in  the  forenoon,  at  the  place  of  meet  at  seven 

i     i  , .          i         i        •     '       f         i  f  •    •  o  clock  in  the 

holding  the  elections,  for  the  purpose  01  receiving,  morning. 
examining  and  deciding  on  all  applications  to  be 
admitted  to  the  privilege  of  electors,  in  lieu  of  meet- 
ing for  that  purpose  at  9  o'clock  in  the  morning, 
as  required  by  the  third  section  of  the  act  entitled 
"  An  Act  relative  to  the  admission  of  electors." 

Approved  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XX. 

An  Act  in  addition  to  "  an  Act  relative  to  the  Ad- 
mission of  Electors. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  selectmen  and  town  clerk  of  the  several  Time  of  meetings 

,.  r  ii       ±"  11  ot  selectmen  and 

towns  in  this  State,  in  lieu  of  the  time  now  by  law  Town  Clerk  for 
provided  for  that  purpose,  shall  meet  at  the  place  admitting  elec- 
of  holding  electors  meetings,  or  at  such  other  place  tori' 
as  shall  be  designated  by  said  towns,  or  the  select- 
men thereof,  on  the  last  Monday  of  March,  annually, 
and  on  the  last  Monday  of  October,  1844,  and  on 
the  last  Monday  in  October,  quadriennially  there- 
after, at  nine  o'clock,  A.  M.  of  said  days,  for  the 


34 


ELECTIONS. 


Continuance  of 
the  session. 
Meeting  may  be 
adjourned  from 
time  to  time. 


Towns  may  . 
make  certain 
regulations. 


Town  Clerk  and 
Selectmen  to  de- 
cide on  the 
claims  of  electors 
who  have  been 
admitted  in  other 
towns. 


Record  to  be 
made  of  persons 
so  admitted,  &c. 


Time  and  place 
of  said  meeting 
to  be  notified. 


Town  Clerk  and 
Selectmen  may 
examine  under 
oath. 


purpose  of  examining  and  deciding  upon  all  appli- 
cations to  be  admitted  to  the  privilege  of  an  elec- 
tor ;  and  shall  continue  in  session  for  that  purpose 
until  five  o'clock,  P.  M.  of  said  days,  if  so  long  a 
time  be  necessary,  and  may  adjourn  said  meetings 
from  time  to  time.  And  any  town  of  this  State,  at 
their  annual  town  meeting,  notice  to  that  effect 
having  been  inserted  in  the  warning  therefor,  may 
provide  that  no  person  shall  be  admitted  an  elector 
on  the  first  Monday  of  April,  and  first  Monday  of 
November,  except  such  as  shall  have  attained  the 
age  of  twenty-one  years  after  the  last  meeting  of 
the  said  town  clerk  and  selectmen ;  and  such 
vote,  being  passed  by  any  town,  shall  be  valid  and 
effectual  in  such  town  ;  but  admissions  of  electors 
may  be  made  on  the  morning  of  electors  meeting 
day  on  the  first  Monday  of  April,  and  first  Monday 
of  November,  in  all  towns  where  such  vote  has  not 
been  passed  as  aforesaid. 

SEC.  2.  Be  it  further  enacted,  That  at  any  of 
the  meetings  aforesaid,  the  said  town  clerk  and 
selectmen  shall  have  the  power  to  examine  and  de- 
cide upon  all  applications  that  shall  be  made  to 
them  for  the  privilege  of  voting  in  the  town  where 
such  meeting  is  held,  by  persons  previously  admit- 
ted electors  in  other  towns,  and  a  record  shall  be 
made  and  preserved  of  the  persons  so  admitted  to 
such  privilege,  and  of  the  officers  for  which  they 
are  entitled  to  vote. 

SEC.  3.  It  shall  be  the  duty  of  the  town  clerk 
and  selectmen  to  cause  notice  of  the  time  and 
place  of  their  said  meetings,  to  be  given  to  the  in- 
habitants of  the  town  where  such  meetings  are  held, 
by  posting  such  notice  on  the  public  sign-post  in 
said  town,  or  by  publishing  the  same  in  some  public 
newspaper  printed  in  such  town ;  which  notice 
shall  be  given  at  least  five  days  previous  to  such 
meeting. 

SEC.  4.  The  said  town  clerk  and  selectmen, 
when  met  at  any  time  for  the  purposes  aforesaid,  or 
for  the  purpose  of  hearing  and  deciding  upon  chal- 
lenges on  election  days,  may,  at  their  discretion, 
examine  applicants  and  witnesses  under  oath  ;  and 
if  any  person,  in  giving  his  testimony  before  them, 
shall  be  guilty  of  wilful  false  swearing,  such  person 


FISHERIES.  35 


shall,  upon  conviction  thereof,  suffer  the  punish- 

.,       i  ,       ,  c        .1  •  f          •  lalse   swearing, 

ment  prescribed  by  law  for  the  crime  01  perjury  ;  how  punishabie! 

and  if  any  person,  not  under  oath,  shall  wilfully 

give  a  false  name,  or  a  false  statement,  to   said  Penalty  of  giving 

selectmen  and  town  clerk,  when  so  met,  he  shall  ^  ™™e  or 

forfeit  the  sum  of  fifty  dollars  to  the  treasury  of 

the  State. 

Approved,  June  10,  1842. 

CHAUNCEY-F.  CLEVELAND. 


CHAPTER    XXI. 

An  Act  relating  to  the  Fishery  in  Bride  Pond,  in 
East  Lyme. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  who-   Penalty  for  viola- 
ever  shall  violate  the  provision  of  a  Resolution,  Seating  ^ 
passed   by  the  General  Assembly,    May  session,  this  fishery, 
1823,  respecting  the  fishery  in  Bride  Pond,  in  East 
Lyme,  shall  be  subject  to  a  penalty  of  twenty-five 
dollars. 

Approved,  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXII. 

An  Act  for  the  preservation  of  Game. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  if  any  person  shall,  between  the  first  day  of 
February  and  the  first  day  of  August  in  any  year, 


36 


GAME. 


Killing  Game, 
&c.,  at  certain 
seasons,  inter- 
dicted. 


Penalty. 


Certain  birds 
excepted. 


Forfeiture  for 
trespass. 


Further  penalty 
for  violating  this 
act. 


Act  rcpealeJ. 


kill  or  destroy,  have  in  possesion,  sell  or  expose  for 
sale,  any  of  that  species  of  game  called  Wood- 
cock ;  or  shall  take  or  destroy  the  nests  or  eggs  of 
the  same  ;  or  between  the  first  day  of  February  and 
the  fifteenth  day  of  September,  kill  or  destroy, 
have  in  possesion,  sell,  or  expose  for  sale,  any  of 
that  species  of  game  called  Pheasants,  Partridges, 
or  Quails,  or  shall  take  or  destroy  the  nests  or  eggs 
of  the  same,  he  shall  forfeit  and  pay  for  every  such 
Woodcock,  Pheasant,  Partridge,  or  Quail,  nest,  or 
eggs,  so  taken,  or  destroyed,  the  sum  of  one  dollar  to 
any  person  who  shall  prosecute  therefor,  by  action, 
grounded  on  this  statute. 

SEC.  2.  If  any  person  shall  shoot  at,  or  kill 
any  of  the  birds  mentioned  in  the  preceding  sec- 
tion, or  any  other  bird  or  birds,  or  shall  take  or  de- 
stroy the  nests,  or  eggs  of  the  same,  (excepting 
Crows,  Pigeons,  and  marine  birds,  all  water  fowls, 
and  all  birds  known  as  birds  of  prey,)  upon  lands 
not  owned  or  occupied  by  himself,  and  without 
license  from  the  owner,  or  occupant  thereof,  at  any 
time  between  the  first  day  of  February  and  the  first 
day  of  August,  in  any  year,  he  shall  forfeit  and  pay 
to  the  owner,  or  occupant  of  such  lands  a  sum  not 
exceeding  five  dollars,  in  addition  to  the  actual  dam- 
ages sustained,  to  be  recovered  by  such  owner  or 
occupant  in  an  action  of  trespass. 

SEC.  3.  And  be  it  further  enacted,  That  any 
person  who  shall  be  guilty  of  a  violation  of  the  pro- 
visions of  this  act,  may  be  punished  by  fine  not 
exceeding  five  dollars,  or  by  imprisonment  in  a  com- 
mon jail  not  exceeding  ten  days,  or  by  such  fine 
and  imprisonment  both,  at  the  discretion  of  the 
court  having  cognizance  of  the  offence. 

SEC.  4.  Be  it  further  enacted,  That  the  Act 
entitled  "an  Act  for  the  protection  and  preserva- 
tion of  Birds  and  feathered  game,"  be,  and  the  same 
is  hereby  repealed. 

Approved  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


IMPRISONMENT    FOR   DEBT.  37 

CHAPTER   XXIII. 

An  Act  to  abolish  Imprisonment  for  Debt. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  no  person  shall  be  arrested,  held  to  bail,  de-  Imprisonment, 

j.    •        i  •          •  i  r>       i      upon  process 

tamed,  or  imprisoned,  upon  process,  mesne  or  final,  foun,ied  on  con- 
founded upon  contract  merely,  express  or  implied,  tract,  abolished : 
any  law  or  custom  to  the  contrary  notwithstanding. 
Provided,  That  in  all  actions  for  tort,  and  in  all 
actions  for  fines  and  penalties,  or  on  promises  to 
marry,  or  for  monies  collected  or  received  by  a  pub- 
lic officer,  or  by  any  person  while  acting  as  trustee, 
or  in  any  fiduciary  capacity,  or  for  any  misconduct 
or  neglect  in  office,  or  in  any  professional  employ- 
ment; and  in  all  actions  on  the  case  at  common 
law  for  fraud,  (and  which  actions  on  the  case,  are 
hereby  authorised)  alleging  fraud  against  any  per- 
son, in  fraudulently  or  collusively  obtaining  credit ;  e*cel*  m  certain 

•      PIII"  .  it  •  specified.  Ccises* 

or  in  fraudulently  contracting  any  debt,  or  incur- 
ring any  obligation ;  or  in  fraudulently,  with  intent 
to  defraud  the  plaintiff  in  such  action,  concealing, 
removing,  withholding,  assigning,  or  conveying 
away  from  legal  process,  his  property  of  any  kind 
or  choses  in  action ;  or  in  fraudulently  keeping  back 
his  money  or  means  on  a  debt  admitted  or  recov- 
ered by  judgment ;  or  in  witholding  or  refusing  to 
disclose  or  avow  his  rights  in  actions  or  credits,  so 
that  they  may  be  reached  by  process  of  foreign 
attachment ;  in  all  such  cases  and  actions,  the  de- 
fendant may  be  held  to  bail,  arrested,  or  imprison- 
ed, with  the  same  means  of  release  and  discharge 
of  his  body,  as  provided  in  such  actions  by  existing 
laws. 

SEC.    2.      Alf  provisions   of  law,  inconsistent 
herewith  are  repealed ;  and  this  act  shall  take  effect         " to  take 
on  and  from  the  4th  day  of  July,  1842. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


38 


LANDS. 


CHAPTER    XXIV. 


Omission  of 
Notarial  Seal 
shall  not  invali- 
date acknow- 
ledgments. 


An  Act  in  addition  to  an  Act  entitled  "  an  Act  to 
confirm  Deeds  and  other  Conveyances  of  Real 
Estate." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
resentatives  in  General  Assembly  convened,  That  all 
deeds  of  land,  and  other  conveyances  of  real  estate, 
which  have  been  acknowledged  before  any  Notary 
Public  duly  appointed  and  commissioned  by  virtue 
of  the  act  passed  in  1833,  entitled  "  an  Act  au- 
thorizing Notaries  Public  to  administer  Oaths,"  on 
which  the  Notary  Public,  taking  such  acknowledg- 
ment, shall  have  omitted  to  place  his  seal  of  office, 
shall  not,  for  such  omission,  be  adjudged  void  ;  but 
shall  be  valid  to  all  intents  and  purposes,  to  the 
same  extent  as  if  said  seal  had  been  placed  thereon. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXV. 


record  deeds, 
&c.,  within 
thirty  days. 


Penaity  for 
neglect. 


An  Act  in  addition  to  an  Act  concerning  Lands. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  it 
PI  1,        shall  be  the  duty  of  Town  Clerks  to  record,  or 

Clerks  to  J,  ,      ', 

cause  to  be  recorded  at  length,  all  deeds,  and  other 
instruments  left  for  record,  within  a  reasonable 
time,  not  to  exceed  thirty  days  from  the  time  said 
deed  is  left  for  record.  And  if  any  Town  Clerk 
shall  violate  the  provision  of  this  act,  he  shall  for- 
^  anc*  PaY  to  tne  Treasurer  of  the  town  where 
the  offence  is  committed,  a  penalty  of  not  less  than 


LANDS.  39 


seven  dollars,  nor  more  than  fifty  dollars,  at  the 
discretion  of  the  court  having  cognizance  of  the 
offence. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XXVI. 

An  Act  to  cede  to  the  United  States  the  jurisdic- 
tion of  certain  lands  in  this  State. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  his  Excellency,  the  Governor,  be,  and  he  is 
hereby  authorized  and  empowered  to  cede  to  the  Governor 
United  States,  Fort  Trumbull,  in  the  town  of  New  Sa 
London,  and  Fort  Griswold,  in  the  town  of  Gro-  bull  and 
ton,  and  the  jurisdiction  of  the  lands  whereon  the  wold' &c- 
same  are  situated,  and  of  so  much  of  the  lands 
thereto  adjoining,  as  in  his  opinion,  may  be  neces- 
sary for  the  accommodation  of  the  United  States. 

SEC.  2.     Be  it  further  enacted,  That  the  deed,  Deed  to  be  re- 
or  instrument  of  such  cession,  shall  be  recorded  by  corded  by  Secre- 
the  Secretary  of  State  before  its  final  delivery  to 
the  United  States.     Provided,  However,  that  the  pr0viso,  reser- 
right  to  serve  civil  and  criminal  process  upon  said  ™s  *he  right  to 
lands,  be,  and  the  same  is  hereby  reserved.  serve  proc( 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


40 


SPIRITUOUS    LIQUORS. 


Repeal  of  laws 
regulating  the 
sale  of  spirituous 
liquors. 

Taverners  only 
to  sell  liquors  to 
be  drank  on  the 
premises. 

Penalty  of 
violation. 


CHAPTER  XXVII. 

An  Act  in  relation  to  the  sale  of  Spirituous  Liquors. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Assembly  convened,  That  all 
laws  now  in  force  regulating  the  sale  of  Spirituous 
Liquors  be,  and  the  same  are  hereby  repealed. 
Provided,  That  no  person  or  persons,  excepting 
taverners,  shall  sell  directly  or  indirectly,  by  an 
agent  or  otherwise,  to  any  person  or  persons,  or 
permit  to  be  sold,  any  wines  or  distilled  Spirituous 
Liquors  to  be  drank  in  his  or  her  house,  shop,  dis- 
tillery, or  dependencies,  upon  penalty  of  forfeiting 
and  paying  the  sum  of  Jive  dollars  to  the  treasurer 
of  the  town  wherever  such  offence  is  committed, 
for  each  and  every  violation  of  this  law.  Provi- 
ded, also,  That  this  act  shall  not  be  construed  to 
repeal  or  affect,  the  second,  third  or  fourth  sections 
of  the  act  entitled  "  an  Act  for  Licensing  and  Regu- 
lating Taverns,  and  suppressing  unlicensed  houses." 

Approved  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XXVIII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
relating  to  Masters  and  Servants." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

That  no  child,  under  the  age  of  fifteen  years,  shall 

Children  under    be  employed  to  labor  in  any  manufacturing  estab- 

the  age  of  fifteen    r   ,  ,  J  11- 

years  not  to  be     ushment,  or  in  any  other  business  m  this  State, 
?Tplor? in  •       unless  such  child  shall  have  attended  some  public 
or  private  day  school  where  instruction  is  given  by 
a  teacher,   qualified   to    instruct  in  orthography  T 


MASTERS    AND    SERVANTS.  41 

reading,   writing,    English  grammar,    geography,  three  months 
and  arithmetic,  at  least  three  months  of  the  twelve  empLved'  * 
months  next  preceding    any  and  every  year  in 
which  such  child  shall  be  so  employed.     And  the 
owner,  agent,  or  superintendant,  of  any  manufac- 
turing establishment  who  shall  employ  any  child  -in 
such  establishment,  contrary  to  the  provisions  of  ^oLdon?  °r 
this  section  of  this  act,  shall  forfeit  and  pay  for 
each  offence,  a  penalty  of  twenty-five  dollars  to  the 
treasurer  of  the  State. 

SEC.  2.     A  certificate,  signed  and  sworn  to  by 
the  instructor  of  the  school  where  any  child  may  ^rue-tors  °o  be 
have  attended,   that  such  child  has  received  the  received  in  evi- 
instruction  herein  intended  to  be  secured,  shall  be   dence- 
deemed  and  taken  to  be  sufficient  evidence  of  that 
fact  in  all  cases  arising  under  this  act.     It  shall  be   „       f    ,    , 

LJ  f    i  i        i     •   •  f  Duty  ot  school 

the  duty  ot  the  school  visiters  ot  the  several  school  visitors. 
societies,  personally,  or  by  a  committee  by  them 
appointed,   annually,  and   as   often  as   they   shall 
think  proper,  to  examine  into  the  situation  of  the 
children   employed  in  the  several  manufacturing 
establishments  in  their  respective  societies,  and  to 
ascertain  whether  the  requisitions  of  this  act  are 
duly  observed,  and  to  report  all  violations    thereof 
to  some  informing  officer,  to  the  intent  that  prose-  a^tofcT prose- 
cutions   may    be  had  therefor :  and  it  is  hereby  cuted. 
made  the  duty  of  all  informing  officers  to  prosecute 
for  all  violations  of  any  and  all  the  provisions  of 
this  act. 

SEC.  3.     No  proprietor  or  proprietors  of  any 
cotton  or  woolen  manufacturing  establishment  in 
this   State,  or  person  or  persons  carrying  on  the 
business  of  manufacturing  in  any  such  establish- 
ment as  lessees  or  in  any  other  manner,  or  person   fourteeTyears^f 
or  persons  having  charge  of  the  affairs  of  any  such  age  not  to  be 
establishment  or  business,  shall  employ,  or  suffer  to  emPloyed  more 

,  ,          .  .  ,  .   .    .          I,J..  .      than  ten  hours  a 

be  employed,  or  aid  or  assist  in  employing  in  such  day. 

establishment,  any  child  under  fourteen  years  of 

age,  a  greater  length  of  time  than  ten  hours  in  any 

one  day.     And  every  person  who  shall  violate  any 

of  the  provisions  of  this  section  of  this  act,  shall  penah  for 

forfeit  and  pay  for  each  offence,  a  penalty  of  seven  violation. 

dollars. 

6 


42  MEDICAL    SOCIETY.  MILITIA. 

Repeal  of  acts          gEC.  4.     All  acts,  and  parts  of  acts,  inconsis- 

inconsistent  -,i_     ,1  •  •  c   ^t,'  i         i_ 

herewith.  tent  Wltn  tne  provisions  of  this  act,  are  hereby 

repealed. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXIX. 

An  Act  in  alteration  of  an  Act  entitled  "  An  Act 
to  incorporate  the  Connecticut  Medical  Society." 

Be  it  enacted  by  the  Senate  and  House  of  Reprc- 
^ePe^ofthe    .  sentatives  in  General  Assembly  convened,  That  the 

eighth  section  of      ...  .  .          .  .  f    ,        A       .' 

a  certain  act.  eighth  section  of  an  Act  entitled  "  An  Act  to  incor- 
porate the  Connecticut  Medical  Society,"  be,  and 
the  same  is  hereby  repealed. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XXX. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
forming  and  conducting  the  Military  force." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
Quar^r  Master  sentatives  in  General  Assembly  convened,  That  the 
General!  mayte  Quarter  Master  General,  the  Commissary  General, 
removed  by  the  and  the  Pay  Master  General,  who  have  been  or 


, 

may  be  appointed   under  the  ninth,   tenth   and 
Senate.  eleventh  sections  of  the  act  to  which  this  is  an 


MILITIA. 

addition,  may  be  removed  from  their  offices,  respec- 
tively, by  the  Senate,  upon  the  recommendation  of 
the  Governor. 

Approved,  June  6,  1842. 

CHAUNCEY  F.  CLEVELAND. 


43 


CHAPTER    XXXI. 

An  Act  in  alteration  of  an  Act  entitled  "  an  Act 
for  forming  and  conducting  the  Military  Force." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Quarter  Master  General  shall  become  bound  to  the 
State   Treasurer,  with  sureties,  in  a  bond  of  ten   Reduction  of  the 
thousand  dollars,  in  lieu  of  the  twenty  thousand  bond  of  Quarter 
dollars  now  required  by  the  ninth  section  of  the 
act  of  which  this  is  an  alteration. 

Approved,  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Master  General. 


CHAPTER    XXXII. 

An  Act  in  addition  to  and  in  alteration  of  an  Act 
entitled  "  an  Act  for  forming  and  conducting  the 
Military  Force." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  all  officers,  musicians  and  privates,  of  the  Ten  years  of 
militia  of  this  State,  who  shall  hereafter  perform  military  sen-ice 
military  duty  in  said  militia,  according  to  law,  for 
a  period  of  ten  years,  and  who  shall,  while  per- 


' 


44 


J 

MILITIA. 


Commanding- 
officers  to  keep 
records,  and 
under  oath,  &>c., 
to  deliver  a  copy 
to  Town  Clerks. 


Certificates  to  be 
produced  to 
Assessors. 


Nominations  of 
persons  not 
present,  for 
commissioned 
officers. 


forming  such  duty,  conduct  themselves  in  an  or- 
derly and  soldier-like  manner,  and  be  armed,  equip- 
ped and  clothed  in  uniform  as  provided  by  law, 
shall,  during  such  time  of  service,  and  ever  after, 
be  exempt  from  the  payment  of  a  poll  tax. 

SEC.  2.  That  the  commanding  officer  of  each 
brigade  shall  keep  a  record  of  the  names  of  the 
members  of  his  staff,  and  of  the  time  when  they 
were  respectively  appointed,  and  performed  mili- 
tary duty.  And  a  similar  record  shall  be  kept  by 
each  commandant  of  a  regiment  of  the  names  of 
the  field  and  staff  officers  of  his  regiment,  and 
whether  they  have  performed  military  duty  in  the 
manner  specified  in  the  preceding  section.  The 
commanding  officer  of  each  and  every  military 
company  also  shall  keep  an  accurate  record  of  the 
names  of  such  members  thereof  as  shall  perform 
military  duty  therein,  armed,  equipped  and  clothed 
in  the  manner  specified  in  the  preceding  section  of 
this  act,  and  the  dates  when  such  duty  shall  have 
been  performed  ;  and  shall,  on  or  before  the  20th 
day  of  October,  in  each  year,  make  out  and  deliver 
a  copy  of  such  record,  verified  by  his  oath  or 
affirmation,  to  the  town  clerk  of  the  town  in 
which  such  members  of  said  military  companies  re- 
side, to  be  by  said  clerk  kept  on  file  in  his  office. 

SEC.  3.  Brigade  officers  and  their  staff,  claim- 
ing the  benefit  of  the  first  section  of  this  act,  shall 
produce  a  certificate  from  the  commandant  of  the 
brigade  to  which  they  are  attached,  to  the  assessor 
or  assessors  of  the  town  in  which  they  reside,  show- 
ing that  they  have  performed  military  duty  for  the 
time  and  in  the  manner  prescribed  by  said  first 
section.  And  regimental  officers  and  their  staff 
claiming  such  benefit,  shall  produce  to  such  asses- 
sors a  similar  certificate  from  the  commandant  of 
the  regiment  to  which  they  belong.  And  members 
of  military  companies  claiming  such  benefit,  shall 
produce  to  such  board  a  similar  certificate,  showing 
the  facts,  from  the  town  clerk  of  the  town  in 
which  they  reside. 

SEC.  4.  That  whenever  any  company  shall 
nominate  for  commissioned  officers  thereof,  any 
person  or  persons  not  present  at  the  time  such 
nomination  may  be  made,  every  such  person  or 


MILITIA.  45 

persons,  shall  be  entitled  to  six  days  time,  within 
w4iich  to  signify  to  the  officer  leading  such  com- 
pany to  such  choice,  whether  he  or  they  accept  or 
decline  such  nomination  ;  and  in  case  he  or  they 
fail  so  to  do,  he  or  they  shall  be  considered  as 
declining  the  same. 

SEC.  5.     That   whenever   any  company,  after 
being  twice  ordered  out  for  choice  of  commissioned  Providing  for  the 
officers,  shall,  at  the  expiration  of  six  days  from  the   appointment  of 

.     .  /•    i     •     i     •  111  commissioned 

second  time  of  their  being  so  ordered  out,  be  des-  officers  under 
titute  of  commissioned  officers,  either  in  whole  or  failure  to  elect. 
in  part,  the  commandant  of  the  regiment,  within 
the  limits  of  which  such  company  may  be  located, 
shall  have  power  to  nominate  to  the  commanding 
officer  of  the  brigade  to  which  such  regiment  may 
belong,  suitable  persons  to  fill  all  vacancies  then 
existing  among  the  commissioned  officers  of  said 
company ;  and  if  such  nominations  shall  be  ap- 
proved by  the  said  commanding  officer  of  such 
brigade,  the  persons  so  nominated  and  approved, 
shall  be  commissioned  by  the  Governor,  as  the 
officers  of  such  company. 

SEC.  6.     That  all  acts  and  parts  of  acts  incon-  Act3 inconsisteut 
sistent  herewith,  be,  and  the   same    are  hereby  herewith,  re- 
repealed,  pealed. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXIII. 

An  Act  repealing  part  of  the  seventh  section  of  an 
Act  entitled  "  an  Act  in  addition  to  an  Act, 
entitled  an  Act  for  forming  and  conducting  the 
Military  Force,"  passed  May  session,  1839. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  so  rfthe  sev 
much  of  the  seventh  section  of  the  act  entitled  section  of  a 
«  An  Act  in  addition  to  an  Act  entitled  an  Act  for  certaiu  act> 


46  NOTARIES    PUBLIC. OATHS. 

forming  and  conducting  the  Military  Force,"  passed 
May  session,  1839,  as  authorizes  the  use  of  a  fiejd 
piece  in  the  hands  of  any  military  company  for  any 
other  purpose  than  company  exercise  or  review, 
upon  permission  of  a  majority  of  the  select- 
men of  the  town  in  which  the  same  is  kept,  be, 
and  the  same  is  hereby  repealed. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXIV. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
authorizing  the  Governor  to  appoint  a  Secretary 
and  Notaries  Public." 

Commissions  of  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  in  General  Assembly  convened,  That  all 
commissions  of  Notaries  Public,  granted  prior  to 
the  8th  day  of  May,  1842,  shall  expire  on  the  twen- 
tieth day  of  June,  1 842 ;  any  law  to  the  contrary 
notwithstanding. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER  XXXV. 

An  Act  in  addition  to  "  An  Act  relating  to  Oaths." 

Commissioner  of  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
thorized  "to  !ul-  sentotives  in  General  Assembly  convened,  That  the 
minister  oaths.  Commissioner  of  the  School  Fund,  by  virtue  of  his 


ORDERS    OF    NOTICE. OXFORD.  47 

office,  be,  and  he  is  hereby  authorized  to  adminis- 
ter an  oath  at  any  place  within  this  State. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXVI. 

An  Act  respecting  Orders  of  Notice. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in   General  Assembly  convened,  That  in 
all  petitions,  and  other  matters,  brought  to,  or  pen-  A  Ju^se  of  tlie 
ding  before  the  County  Court  of  any  County  in  this  ^J8™^  orders 
State,  any  judge  of  the  Supreme  Court  of  Errors,  of  notice  in  mat- 
shall  have  the  same  power,  in  vacation,  to  make  *ers  Pen^ing bc' 

„__.  -     »  /-1/-1  f~t  'ore  tne  Bounty 

Orders  of  Notice  as  a  judge  of  the  County  Court  Courts. 
now  by  law  has,  or  may  hereafter  have ;  and  such 
orders  shall  have  the  same  effect  to  all  intents  and 
purposes  as  if  made  by  a  judge  of  the  County  Court. 

Approved,  June  6,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXVII. 

An  Act  concerning  the  Town  of  Oxford. 

Whereas,  by  mistake,  the  town  of  Oxford  neg- 
lected to  lay  a  tax  for  defraying  the  expenses  of  said 
town,  and  repairing  their  highways,  and  also  neg- 
lected to  appoint  a  collector  for  the  same,  at  their 
annual  town  meeting  in  the  year  1841,  but  did 
lay  taxes  for  said  purposes,  and  appoint  collectors 
of  the  same,  on  the  first  Monday  of  January,  1842, 


48 


OXFORD.  -  OYSTERS. 


&c. 


and  appointed  the  collector  of  the  state  and  town 
tax,  a  constable  at  said  meeting  :     Therefore 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  said 
taxes  laid  as  aforesaid,  and  said  appointment  of 
collector  and  constable,  be,  and  the  same  are  hereby 
ratified  and  confirmed  in  the  same  manner  as  if  the 
same  had  been  done  at  the  annual  town  meeting. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


dams,  &c. 


CHAPTER    XXXVIII. 

An  Act  for  the  growing  of  Oysters. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  it  shall  be  lawful  hereafter  for  the  owner  or 
owners,  of  any  land  in  this  State,  wherein  there 
mav  ^  salt  water  creeks  or  inlets,  to  dam,  gate, 
or  lock  the  said  creek  or  inlet,  for  his  or  their  use, 
for  an  oyster  pond  for  the  growing  of  oysters 
therein. 

SEC.  2.  The  selectmen  on  application  of  the 
owner  of  any  creek  or  inlet  as  aforesaid,  shall  visit 
and  examine  the  same,  and  if  in  their  opinion,  the 
damming  said  creek  or  inlet  will  not  injure  navi- 
gation,  or  deprive  the  public  of  any  rights  or  privi- 

i  u  •    •    .1  •         ,,  L    n 

leges  which  they  now  enjoy,  the  said  selectmen  shall 
report  to  a  town  mark  off  or  set  bounds,  where  a  dam  may  be  built, 
and  report  their  opinion  to  any  annual  or  special  town 
meeting  of  the  town  wherein  said  creek  or  inlet  is 
situated  ;  and  if  the  town  meeting  shall  approve  of 
the  opinion  of  said  selectmen,  to  dam  said  creek 
or  inlet,  then  the  owner  of  said  creek,  or  inlet,  may 
construct  a  dam,  gate  or  lock  across  said  creek  or 
inlet  for  their  use  as  an  oyster  pond  for  the  growing 
of  oysters. 


Seiectmen  to 

examme,  —  set 

bounds,—  and 


OYSTERS.  49 

SEC.  3.     If  any  person  or  persons  shall  commit 
any  injury  or  damage  to  the  dams  or  gates  of  any 
oyster  pond,  or  shall  carry  away  oysters  therefrom 
in  the  day  time,  he  shall  forfeit  and  pay  to  the  pros-   renalt^  for  in-u 
ecutor,  for  each  offence,  not  exceeding  seven  dol-  rv  and  dqnvda- 
lars,  or  be  confined  in  the  County  jail  or  workhouse,    tion- 
not  exceeding  thirty  days ;  and  if  any  person  shall 
commit  damages  as  aforesaid,  in  the  night  season, 
he  shall  forfeit  and  pay  twenty-five  dollars,  or  be 
confined  in  the  county  jail  or  work-house,  not  ex- 
ceeding three  months. 

SEC.  4.     If  the  owner  of  any  oyster  pond  in 
this   State,  shall   plant  or  lay  down  oysters  in  his   r«ia|»y for 

i  •,          i         i  •!_*••  i_.-          A!.  ^i      plfintiuff  ovsters 

pond,  or  cause  it  to  be  done,  which  are  the  growth   ^rowil  ;„  this 
of  the  waters  of  this  State,  he  shall  forfeit  and  pay   State. 
to  the  prosecutor  therefor  twenty-five  dollars,  for 
each  offence. 

SEC.  5.     There  shall  not  any  thing  in  this  act  Act  rcvocab]e) 
be  so  construed  as  to  grant  individual  rights,  which   &c. 
may  not  be  amended  or  repealed,  by  the  General 
Assembly. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXIX. 

An  Act  to  promote  the  Growing  of  Oysters. 

SEC.   1.     Be  it  enacted  by'the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  from  and  after  the  first  day  of  March,  until 
the  first  day  of  November  in  each  year,  no  person  ^cehdolir^3 
or  persons  shall  take,  gather,  or  collect,  any  Oysters  8hdl  «*  be  t*- 
or  oyster  shells,  in  or  upon  any  of  the  flats,  creeks,  ken. 
banks,  rivers,  harbors,  or  waters  of  this  State. — 
And  any  person  who  shall  violate  this  act,  shall  for 
each  offence,  be  punished  by  a  fine  of  not  less  Petialty. 
than  seven  dollars,  nor  more  than  fifty  dollars,  or 
by  imprisonment  in  the  work-house  or  common 
7 


50 


OYSTERS. PAUPERS. 


Jurisdiction  of 
Justices  of  the 
Peace  limited. 


Provision  not  to 
extend  to  the 
owners  of  oyster 
beds. 


Act  not  binding 
on  any  town 
which  shall  dk- 
sent  therefrom. 


jail  of  the  County  wherein  such  offence  shall  be 
committed,  not  exceeding  twenty  days,  or  by  such 
fine  and  imprisonment,  both,  at  the  discretion  of 
the  court  having  cognizance  of  the  offence. 

Provided,  That  no  justice  of  the  peace,  for  any 
such  offence,  shall  inflict  a  greater  punishment  than 
a  fine  of  seven  dollars  and  imprisonment,  not  ex- 
ceeding twenty  days. 

Provided  further,  That  nothing  in  this  act  shall 
be  so  construed  as  to  prohibit  any  person  or  persons, 
being  the  owners  thereof,  from  retaking  any  Oys- 
ters, by  him  or  them  laid  down  or  planted,  and  not 
in  or  upon  any  natural  Oyster  beds,  or  places  where 
Oysters  naturally  grow. 

Provided,  Also,  that  the  provisions  of  this  act 
shall  not  extend  to  any  town  in  this  State  which 
shall  dissent  to  the  same,  at  a  legal  meeting  of  the 
inhabitants  of  such  town  duly  warned  and  holden 
on  or  before  the  first  day  of  November  next. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


shaii  fail  to  be 
reimbursed. 


CHAPTER   XL. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  the  support  of  State  Paupers." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That,  unless 
some  one  of  the  selectmen  of  any  town  in  this 
State,  shall,  at  or  before  the  time  he  gives  notice  to 
the  Comptroller  of  Public  Accounts,  of  the  necessi- 
tous  circumstances  of  any  person  or  persons  claimed 
to  be  a  State  pauper,  also  make  oath  that  he  verily 
believes  said  person  or  persons  are  State  paupers, 
said  town  shall  not  be  entitled  to  receive  any  reim- 


PEDLERS. PROBATE    DISTRICTS. 51 

bursement  for  expenses  incurred  in  relieving  and 
supporting  any  person  or  persons  claimed  to  be  a 
State  pauper,  as  aforesaid. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XLI. 


An  Act  in  alteration  of  an  Act,  entitled  "  An  Act 
for  the  regulation  of  Pedlers." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  so  much  of  the  act  passed  in  1841  for  the  Repeal  of  part 

i    ,  •  /•  T»     11  •  i  or  an  Act  of 

regulation  of  redlers  as  requires  persons  who  are  1341. 
inhabitants  of  this  State  to  take  out  a  license,  be, 
and  the  same  is  hereby  repealed. 

SEC.  2.     Nothing  in  this  act  shall  be  construed 
to  exempt  any  person,  not  an  inhabitant  of  this  ^'exemptfro 
Slate,  from  the  payment  of  the  tax  or  license,  agree-  tax  on  license. 
able  to  the  act  passed  in  1841. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XLII. 

An  Act  to  alter  the  name  of  the  Probate  District 
of  Clinton. 

Be  it  enacted  by  the  Senate  and  House  of  Repre-  Name  of  District 
scntatives  in  General  Assembly  convened,  That  the  c.han£ed  to  KU- 
name  of  the  Probate  District  of  Clinton,  be,  and  gw° 


52 


PROBATE    DISTRICTS. 


•RAIL    ROADS. 


the  same  is  hereby  altered  to  the  name  of  Killing- 
worth. 

Provided,  That  all  matters  and  business  begun 
or  entered  in  the  Court  of  Probate,  for  the  District 
of  Clinton,  shall  be  completed  and  finished  in  the 
Court  of  Probate  for  the  District  of  Killingworth. 


Business  begun 
to  be  finished  in 
the  District  of 
Clinton. 


Approved,  June  1,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Roxbury  consti- 
tuted a  Probate 
District. 


CHAPTER    XLIII. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened.  That  the 
town  of  Roxbury  be,  and  hereby  is  constituted  a 
Probate  District,  by  the  name  of  the  District  of 
Roxbury. 

Provided,  That  all  matters  and  business  begun, 
ss  begun  or  entered  in  the  Court  of  Probate  for  the  District 

in  the  District  ot 

Woodbury  to  be   ol  Woodbury,  shall  be  completed  therein,  in  the 
finished  therein.    same  manner  as  if  this  act  had  not  been  passed. 

Approved,  June  6,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XLIV. 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act 
to  aid  in  the  construction  of  the  Housatonic 
Rail  Road." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in   General  Assembly  convened, 
Commissioners,    That  whenever  the  Commissioners  of  the  Housa- 
tonic Rail  Road,  appointed  under  the  act  of  1839, 


RAIL    ROADS. SOCIETIES.  53 

shall  be  required  to  redeem  the  notes  by  them  when  required 
approved,  they  are  hereby  authorized  to  sell  undi-  TirStoIeii 
vided  equal  parts  of  the  property,  by  law  pledged  property  and 
for  their  redemption,  as  well  as  shares  of  the  stock  stock< 
of  said  Company ;    and  the  avails  of  such  sale  or 
sales,  as  well  as  the  nett  income  of  the  business  of 
said  road,  to  apply  to  the  payment  of  the  same. 

SEC.  2.     The  notes  of  said  corporation  which 
said  Commissioners  are  authorized  to  approve,  may  Interest  allowed 
be  made  payable  at  a  rate  of  interest  not  exceeding  ° 
seven  per  cent. 

SEC.  3.  Be  it  further  enacted,  That  so  much 
of  the  act,  passed  at  the  May  Session  of  the 
General  Assembly,  1839,  to  which  this  is  an  addi- 
tion, as  confers  banking  privileges  on  said  Com-  Banking  pnvi- 

c       f     4  i  ?  iU  f   leoes  repealed, 

pany,  except  so  tar  lortn  as  relates  to  the  notes  ot  except  to  a  cer- 
said  Company,  already  issued  and  approved,  or  that  tain  extent, 
may  hereafter  be  issued  and  approved,  at  any  time 
on  or  before  the  first  Monday  in  June,   1844,  as 
renewals  thereof,  be  and  the  same  is  hereby  re- 
pealed. 

Nothing  in  this  act  contained,  shall  be  so  con- 
strued as  to  confer  banking  privileges  on  said  Com- 
pany, except  as  herein  above  excepted. 

Approved,  June  6, 1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XLV. 

An  Act  in  addition  to  an  Act,  entitled  "  An  Act 
relating  to  religious  Societies  and  Congrega- 
tions." 

Whereas,  doubts  have  arisen  in  the  minds  of 
some,  whether  the  Episcopal  Societies  in  this  State 
have  been  legally  organized  : 

Be  it  therefore  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened,  Act*of.  Epls 
That  the  acts  which  have  been  done  by  ecclesias-  confirmed.163 


54  SOCIETIES. 


tical  societies  of  this  State,  organized  under  the 
Episcopal  order,  according  to  the  rules  and  customs 
of  said  societies,  shall  be  good  and  effectual  in  law: 
And  that  the  Wardens  and  Vestrymen  of  said  soci- 

Wardens  and  ..         i     n  i  r.        i  •    A    »  •.„  . 

Vestry-men  con-  eties  sna"  hereafter  be  a  society  s  committee,  and 
stituted  the  Soci-  shall  have  all  the  powers  in  managing  the  affairs  of 
ety's  Committee.  sa^  societies,  as  are  granted  to  the  committees  of 

all  religious  societies  in  this  State  by  the  statute  in 

such  case  made  and  provided. 

Approved  June  1,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XLVI. 

An  Act  relating  to  religious  societies  and  Congre- 
gations. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
Name  of  Society  sentatives  in  General  Assembly  convened,  That  the 
changed  from  name  of  the  Ecclesiastical  Society  of  North  Mil- 
ford>  in  the  town  of  Orange,  be,  and  the  same  is 
hereby  altered  to  the  name  of  the  Ecclesiastical 
Society  of  Orange. 

Approved,  June  3, 1842. 

CHAUNCEY  F.  CLEVELAND. 


SALARIES    AND    FEES.  55 


CHAPTER   XLVII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  regulating  Salaries  and  fees." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  so  much  of  the  eleventh  section  of  the  act  to  Repeal  of  Act 
which  this  is  an  addition,  as  requires  that  on  each  requi.rin?  fees  on 

.  .  .        _,  ,    '  petitions  to  Uen- 

petition  to  the  General  Assembly,  a  fee  of  three  end  Assembly. 
dollars  and  thirty-four  cents  be  paid  for  the  use  of 
the  State,  be,  and  the  same  is  hereby  repealed. 

SEC.  2.     Be  it  further  enacted,  That  this  act 
shall  take  effect  on  its  passage.  2S  * 

Approved,  June  1,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XLVIII. 

An  Act  in  addition  to  "An  Act  for  regulating 
Salaries  and  Fees." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Sheriffs  of  the  several  counties  in  this  State  shall  J°mP,!Dfti°nto 

,  -ii  •  if  n  Sheriffs  tor  dis- 

be  entitled  to  receive,  each,  from  the  State  treas-  tributing  laws, 
ury,  the  sum  of  five  dollars  a  year  for  distributing  &x- 
laws   and   public  documents  in   their    respective 
counties. 

Approved,  June  8,  1842. 

CHAUNCEY  F.  CLEVELAND. 


56 


SALARIES    AND    FEES. SCHOOLS. 


CHAPTER    XLIX. 

An  Act  to  repeal  certain  Acts  relating  to  Salaries 
and  Fees. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  an 
act  passed  May  Session,  1838,  which  provides  that 
,  the  fees  of  the  clerks  of  the  several  County  Courts, 

Act  of  1838  and      ,     „  ,         ,  ,.     ,          , 

shall  be  the  same  as  those  of  the  clerks  of  the  Su- 
perior Courts  for  like  services  ;  and  an  act,  passed 
May  Session,  1839,  which  provides  that  the  fees  of 
the  clerks  of  the  County  and  Superior  Courts,  for 
entering  each  action  which,  at  the  first  term  of  the 
court,  shall  be  discontinued  or  withdrawn,  shall  be 
fifteen  cents,  be,  and  the  same  are  hereby  repealed. 

Approved,  June  7,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Act  of  1839,  re- 
lating to  fees  of 
Clerks  of  Courts 
repealed. 


CHAPTER    L. 


Providing  for 
Scholars  in  dis- 
tricts where  no 
School  is  kept. 


School  money 
may  be  drawn. 


An  act  in  addition  to  and  in  alteration  of  an  act 
concerning  Common  Schools. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  a-  school  district  from  inability,  or 
other  cause,  shall  not  support  a  school  within  the 
same,  and  the  scholars  belonging  thereto,  shall  at- 
tend the  school  of  any  other  district,  it  shall  be 
lawful  for  the  school  society,  where  the  enumera- 
tion of  the  children  is  made  and  returned,  to  re- 
ceive from  the  Comptroller  of  Public  Accounts, 
and  to  pay  to  the  district  or  districts  where  such 
children  actually  attend  school,  the  proportion  of 
Sch(X)1  monies  which  are  drawn  on  the  children  so 
enumerated,  and  a  certificate  from  the  Committee 


SCHOOLS.  57 


of  the  school  district  where  such  children  have  at-  school  district 
tended  school,  that  the  money  is  so  appropriated,  ° 
shall  be  presented  to  the  commitee  of  the  school 
society,  to  which  such  children  belong,  and  shall 
be  sufficient  evidence  that  such  money  has  been 
appropriated  according  to  law. 

SEC.  2.     That  the  annual  meeting  of  the  seve-  Annual  meeting 
ral  school  societies  and  districts,  may  be  warned  ie3  and 

and  held  on  such  days  in  the  month  of  September 
or  October,  as  the  committee  or  clerk  in  their  no- 
tice thereof  may  respectively  designate. 

SEC.  3.     That    whenever  the  committee  of  a 
school  society  cannot  agree  in  settling  and  defining 
the  boundary  lines  of  a  school  district,  in  conform-  ais^rictThow 
ity  with  the  provisions  of  the  fifteenth  section  of  settled. 
said  act,  said  society  may  appoint  three  indifferent 
persons  for  that  purpose,  who  shall  have  the  same 
authority  therein  as  is  now  conferred  by  said  act 
on   the  said  society  committee,  and  if  necessary, 
define  the  same  by  actual  survey. 

SEC.  4.     A  school  district  shall  be  holden  to  pay  Districts  holden 
the  wages  of  such  teacher  or  teachers,  as  are  em-  to  Pay teachers- 
ployed  by  the  committee  of  such  district,  in  con- 
formity to  law.  Books  may  be 

SEC.  5.     That  when  the  scholars  are  not  prop-  suppiied,ifdeem- 
erly  supplied  with  books,  the  committee  of  the  dis-  ed  necessafy- 
trict  may   (if  they  deem  necessary)  provide   the  Re  eal  of  the 
same  at  the  expense  of  the  district;  and  so  much  law  requiring  the 
of  the  nineteenth  section  as  requires  that  the  com-  committee  to 

i     11  •  i     Ai  -i          i  11     provide  the  same. 

mittee  shall  so  provide  the  same,  is  hereby  repealed. 

SEC.  6.     That  the  twenty-second,  twenty-third, 
twenty-fourth,  twenty-fifth,  twenty-sixth,  and  twen- 
ty-seventh sections  relating  to  Union  districts,  and  Repeal  of  laws 
the  fortieth,  forty-first,  and  forty-second  sections  of  dTS-b^ard 
said  act,  relating  to  the  Board  of  Commissioners  and  of  commission- 
Secretary,    and    SO    much  Of  the    eighth    Section    of  era  and  secretary 

.  ,  *'  .  ,         .-,,    ,        ,      "  .  ,  — certain  acts 

said  act  as  requires  the  school  Visitors  to  make  reiating to  school 
returns  to  the  Board  of   Commissioners;  and  so  visitors— mini- 
much  of  said  section  as  provides  that  the  Visiting  "^ySfrf ' 
Committee  shall  receive  one  dollar  per  day  for  their  teachers  under 
services,  and  so  much  of  the  twelfth  section  of  said  certa?n  contm- 
act  as  provides  that  no  new  district  shall  contain  8 
less  than  forty  persons  over  four,  and  under  sixteen 
years  of  age ;  and  so  much  of   the  twenty-ninth 
section  as  makes  it  unlawful  to  pay  a  teacher  more 
8 


58  SCHOOLS. SHERIFFS. 

than  two-thirds  of  the  amount  due,  until  a  book  and 
abstract  shall  be  lodged  with  the  district  clerk,  be, 
and  the  same  are  hereby  repealed. 

Provided,  however,  that  so  much  of  the  act  here- 

Proviso  for  union    ,  .  ,.       .  ,     ,. 

districts  already  by  repealed,  as  relates  to  union  districts  shall  con- 
formed, tinue  in  force,  for  the  regulation  of  such  districts 
already  formed  under  said  act,  but  not  so  as  to  au- 
thorize the  forming  of  new  union  districts  hereafter. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   LI. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
relating  to  Sheriffs." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Number  of  depu-  number  of  Deputy  Sheriffs,  to  be  appointed  for  the 
ty  sheriffs  allow-  County  of  Middlesex,  may  be  as  many  as  nine  ; 
ed  in  Middlesex  but  shall  not  exceed  that  number  :  any  thing  in  the 

county.  L-1,,1'      «  11..  J  , 

act  to  which  this  is  an  addition  to  the  contrary 
notwithstanding. 

Approved,  June  1,  1842. 

CHAUNCEY  F.  CLEVELAND. 


SHERIFFS.  •  59 


CHAPTER    LII. 

An  Act  in  alteration  of  an  Act  entitled  "  An  Act 
providing  for  the  Election  of  Sheriffs  by  the 
People :"  passed  May  Session,  1838. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  so  much  of  said  act  as  provides  that  a  majority 
of  all  the  votes  given  in  the  counties  of  this  State 
for  the  office  of  sheriff,  shall  be  necessary  for  the 
choice  of  sheriff,  be,  and  the  same  is  hereby  re-  Repeal  of  part 

11  i    -i    •      i_         u  i     4.1.    *  J.L  of  an  act  of  1339. 

pealed ;  and  it  is  hereby  enacted,  that  the  person 

who  shall  receive  the  greatest  number  of  votes  for  piuraiity  of 

the  office  of  sheriff  in  any  county,  shall  be  declared  votes  shall  elect. 

sheriff  of  said  county,  and  shall  hold  and  exercise 

the  office  of  sheriff  as  provided  in  the  act  to  which 

this  is  an  alteration. 

SEC.  2.    That  the  act  entitled  "an  Act  in  altera- 
tion of  an  Act  entitled  an  Act  providing  for  the  Act  of  1839  re- 
election of  Sheriffs  by  the  People,"  passed  May,   pealed. 
1839,  approved  June  5th,  1839,  be,  and  the  same 
is  hereby  repealed. 

SEC.  3.     That  the  votes  for  sheriff  of  the  re- 
spective counties  shall  be  returned,  canvassed,  and  Votes  how  to 
declared  in  the  same  manner  as  is  provided  by  the  be  returned,  &c. 
constitution  and  laws  for  returning,  canvassing,  and 
declaring  the  votes  for  Governor,  any  laws  to  the 
contrary  notwithstanding. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


60 


TAXES. 


Act  of  1832  re- 
enacted,  &c. 


CHAPTER    LIU. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
providing  for  the  collection  of  Taxes." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
several  provisions  of  an  act  passed  in  the  year  1832, 
entitled  "  an  Act  in  addition  to  an  Act  entitled  an 
Act  providing  for  the  collection  of  Taxes,"  be,  and 
the  same  are  hereby  re-enacted  and  extended  to  all 
cases  to  which  the  same  would  be  applicable,  if  said 
act  were  now  first  enacted.  Provided,  That  no  suit 
or  action,  now  depending,  shall  be  in  any  way 
affected  by  the  provisions  of  this  act. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


Application  for 
relief,  how  and 


CHAPTER   LIV. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  the  Assessment  of  Taxes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  any, 
and  every  person,  designing  to  take  the  benefit  of 
the  fifth  section  of  "an  Act  in  addition  to  and 
alteration  of  an  Act  entitled  an  Act  for  the  Assess- 
ment of  Taxes,"  shall  make  application  for  that 


when  to  be  made,  purpose  to  the  Board  of  Relief,  as  in  said  section 
is  specified,  on  or  before  the  fifteenth  day  of 
January,  and  not  after. 

Approved,  June  9,  1842. 

CHAUNCEY  F.  CLEVELAND. 


TAXES. 


WEIGHERS.  61 


CHAPTER   LV. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
the  Assessment  of  Taxes." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  'convened,  That  in  all 
cases  in  which  the  Assessors  and  Board  of  Relief  in 
any  town  were  not  chosen  on  or  before  the  first 
Monday  in  October,  1841,  but  were  chosen  at  a 
meeting  legally  warned  for  that  purpose,  on  the 
first  Monday  of  said  October,  and  holden,  by  ad- 
journment, at  any  time  previous  to  the  20th  of  said 
October,  such  choice  shall  not,  for  such  cause,  be 
considered  or  adjudged  irregular  or  void,  but  the  sors,  and  boards 
same  is  hereby  ratified  and  confirmed.  And  all  of.rehef>  m  cei> 

,  .    ,    ,    J      ,  .  tain  cases. 

taxes  which  have  been  or  may  hereafter  be  laid  or 
imposed  according  to  the  assessment  list  made  up 
by  said  assessors,  may,  notwithstanding,  be  levied 
and  collected  in  the  same  manner  as  though  said  Doings  of  said 
Assessors  and  Board  of  Relief  had  been  chosen  on 
the  first  Monday  in  October,  1841  ;  any  thing  in 
the  act  to  which  this  is  an  addition,  or  any  other 
act  or  acts,  to  the  contrary  notwithstanding.  Pro- 
vided, That  no  suit  or  action,  now  pending,  shall  be 
in  any  manner  affected  by  the  provisions  of  this 
act. 

Approved,  May  30,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    LVI. 

An  Act  for  the  appointing  of  Public  Weighers. 

SEC.  1 .  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  electors  in  the  several  towns  in  this  State, 
at  their  annual  meeting  for  the  election  of  select- 


WEIGHERS. 


Two  public 
weighers  may  be 
chosen  at  an  an- 
nual town  meet- 
ing —  who  shall 
be  sworn. 


Duties  of  public 
weighers. 


Penalty  for  neg- 
lect, &c. 


Regulations  to 
be  made  at  said 
annual  town 
meeting. 


Regulations  to  be 
recorded. 


men,  and  other  town  officers,  may,  by  a  major  vote, 
annually  appoint  two  or  more  persons  belonging  to 
said  town,  to  be  public  weighers,  who  shall,  upon 
accepting  such  appointment,  be  sworn  to  the  faith- 
ful performance  of  the  duties  thereof. 

SEC.  2.  It  shall  be  the  duty  of  either  of  said 
public  weighers,  upon  being  requested  thereto  by 
the  owner  or  owners,  or  persons  selling  or  pro- 
posing to  sell,  any  hay,  lead,  iron,  anthracite  coal, 
plaster,  or  any  other  heavy,  or  bulky  article  of  mer- 
chandize, usually  sold  by  weight,  immediately  upon 
its  being  brought  to  him  for  that  purpose,  accu- 
rately and  carefully  to  weigh  the  same  ;  and  upon 
being  paid  his  lawful  fees,  he  shall  give  a  certificate 
under  his  hand  of  the  weight  thereof,  to  the  owner 
or  other  person  bringing  the  same  to  be  weighed ; 
and  if  any  public  weigher  wilfully  neglects  or  re- 
fuses to  perform  any  of  the  duties  imposed  by  this 
section,  (except  for  the  cause  specified  in  the  fourth 
section  of  this  act,)  he  shall  forfeit  and  pay  a  fine 
of  five  dollars  ;  one  half  to  him  who  shall  sue  for 
and  recover  the  same,  and  the  other  half  to  the 
treasury  of  the  town. 

SEC.  3.  The  several  towns  in  this  State,  that 
may  hereafter  appoint  public  weighers,  according 
to  the  provisions  of  this  act,  shall  at  the  same 
meeting,  make  such  regulations  for  the  locating, 
constructing,  and  inspecting  of  the  scales,  and  other 
apparatus  to  be  used  by  such  weighers,  as  they  may 
deem  necessary  for  the  public  protection  and  con- 
venience, and  shall  fix  and  prescribe  such  tariff,  or 
rate  of  fees  to  be  paid  to  said  weighers,  as  they 
may  deem  just  and  reasonable,  not  exceeding 
twelve  and  a  half  cents  for  each  load  or  weighing, 
to  be  paid  one  half  by  the  seller,  and  the  other  half 
by  the  purchaser  ;  or  may,  by  a  major  vote  of  those 
present,  delegate  to  the  selectmen  the  powers  and 
duties  specified  in  this  section  ;  and  the  regulations 
and  rate  of  fees  so  established,  shall  be  recorded 
in  the  town  records,  and  shall  not  be  changed 
during  the  time  for  which  such  weighers  are 
appointed. 

SEC.  4.  If  any  public  weigher,  duly  appointed 
under  the  provisions  of  this  act,  shall  give  a  cer- 
tificate of  the  weight  of  any  merchandize  in  the 


WEIGHERS.  63 


selling,  buying,  or  ownership  of  which  he  has  any 

interest,  direct  or  remote,  he  shall,  on  conviction  Penalty  for  giv- 

thereof,  forfeit  and  pay  a  fine  of  five  dollars,  one  in  cendb  cases. 

half  to  him  who  shall  sue  for  and  prosecute  the 

same  to  effect,  and  the  other  half  to  the  treasury 

of  the  town. 

Approved,  June  10,  1842. 

CHAUNCEY  F.  CLEVELAND. 


64  PROPOSED    BILL    ON    TAXATION. 


PROPOSED  BILL  ON  TAXATION. 

The  joint  Select  Committee,  to  whom  was  re- 
ferred that  part  of  His  Excellency's  message  which 
relates  to  Taxation,  and  to  whom  was  referred  the 
petition  of  Jonathan  Coe,  and  one  hundred  and 
fourteen  others,  inhabitants  of  Winchester,  and 
sundry  other  petitions  were  referred,  beg  leave  to 

REPORT  : 

That  they  have  examined  the  same,  and  are  fully 
satisfied  that  some  change  in  our  laws  on  the  sub- 
ject of  taxation  should  take  place,  and  recommend 
the  ultimate  passage  of  the  accompanying  Bill ;  but 
from  the  importance  of  the  subject  would  respect- 
fully recommend  that  the  matter  be  postponed  to 
the  next  General  Assembly,  and  that  this  Report 
and  the  Bill  be  published  with  the  laws  of  the  State. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
the  Assessment  of  Taxes." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  all  property,  money  at  interest,  and  stocks  now 
taxable  by  the  laws  of  this  State,  shall  be  valued 
and  set  in  the  list  of  the  owner  thereof  at  four  per 
cent. 

SEC.  2.  Be  it  further  enacted,  That  all  laws 
now  in  force  inconsistent  herewith,  be,  and  the 
same  hereby  are  repealed. 

All  which  is  respectfully  submitted. 
Per  order  of  the  Committee, 

MARTIN  WEBSTER,   Chairman. 


PROPOSED  AMENDMENT    TO    THE  CONSTITUTION.  65 


PROPOSED  AMENDMENT  TO  THE 
CONSTITUTION. 

At  a  General  Assembly  of  the  State  of  Connecticut, 
holden  at  New  Haven,  on  the  first  Wednesday 
of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-two : — 

HOUSE  OF  REPRESENTATIVES, 
May  Session,  1842. 

Resolved,  That  the  following  be  proposed  as  an 
amendment  of  the  Constitution  of  this  State,  as 
a  substitute  for  the  second  section  of  the  sixth 
article  of  the  Constitution,  and  of  the  amend- 
ments of  said  second  section,  which  proposed 
amendments,  when  approved  and  adopted  in  the 
manner  prescribed  by  the  Constitution,  shall  be  to 
all  intents  and  purposes  a  part  thereof — to  wit: 

Every  white  male  citizen  of  the  United  States, 
who  shall  have  attained  the  age  of  twenty-one 
years ;  who  shall  have  resided  in  this  State  for  the 
term  of  one  year  next  preceding,  and  in  the  town 
in  which  he  may  offer  himself  to  be  admitted  to  the 
privileges  of  an  elector,  at  least  six  months  next 
preceding  the  time  he  may  so  offer  himself;  and 
shall  sustain  a  good  moral  character,  shall,  on  his 
taking  such  oath  as  may  be  prescribed  by  law,  be 
an  elector. 

R.  S.  HINMAN,        )  Clerks  of  the  House 
N.  J.  WILCOXSON,  5  of  Representatives. 


STATE  OF  CONNECTICUT,  ss.  > 
SECRETARY'S  OFFICE,  July  23d,  1842.  > 

I  HEREBY  CERTIFY,  That  I  have  compared  the 
printed  copy  of  the  Acts  contained  in  this  pamphlet, 
with  the  original  Acts,  as  engrossed  and  passed  by 
the  Legislature,  and  find  the  same  to  be  correct. 
NOAH  A.  PHELPS, 

Secretary  of  State. 
9 


INDEX 


PAGE 

Adjournment  of  courts  in  counties  having  half-shire  towns,      25 
Agricultural  societies  to  file  certificates,         .  3 

Assessors  and  boards  of  relief,  choice  of  and  doings 

of,  in  certain  cases  confirmed,     61 
doings  of  in  Cheshire  confirmed,  .         .  .23 

to  require  certificates  of  military  service  for  abatement 

of  poll-tax,     44 

Atheneum  Wadsworth,  incorporated,          .  .  .3 

estate  of,  exempt  from  taxation,  7,  8 

privileges  of  stockholders  in,  .       6 

trustees  of,  to  be  elected,  .  7 

Bank,  Bridgeport  Savings,  incorporated,     .  .  .13 

annual  report  of  to  be  made,     .  15 

deposites  of,  .          .  13, 14 

disqualification  for  membership  of,     14 
general  powers  of,   .         .  .14 

investment  of  funds  of,  .  13 

Banks,  amount  of  discount  allowed  to  directors  of,         .  8 

not  to  make  dividends  except  from  earnings,  .       9 

stockholders  of,  may  examine  their  condition,     .  11 

may  restrain  the  action  of  directors,  1 1 
commissioners  on  to  be  appointed,  and  their  duties,  9 
cashiers  of,  to  give  notice  of  disqualification  of 

commissioners  on,     1 1 

required  to  redeem  their  issues,       .  .  .9 

not  to  make  loans,  &c.  on  pledge  of  their  own  stock,      9 
transferable  stock  of,  only  to  be  voted  on,  and  that 

not  by  proxy,       9 
repeal  of  acts  concerning,         .  .  .  10 


INDEX.  67 

Brigade,  commanding  officers  of,  to  keep  certain  records,    .     44 

Cashiers  to  give  notice  of  disqualification  of  bank 

commissioners,  -„*        '•-.'.'       •/  .  11 

to  make  returns  to  the  Comptroller,  ,       10 

Cheshire,  doings  of  assessors  in  the  town  of,  confirmed,  .  23 

Children  under  fifteen  not  to  be  employed  in  labor, 

unless  instructed,  ...  40 

under  fourteen,  not  to  be  employed  in  labor 

more  than  ten  hours  a  day,  .  .  41 

City  of  Hartford,  laws  concerning,  .  .  18, 19 

New  Haven,  laws  concerning,  .  .     20,21 

Clerks  of  county  courts  shall  be  clerks  of 

superior  courts,  &c.,  ...  27 

of  superior  and  county  courts  de  opening  depositions,     25 

acts  concerning  fees  of, 

repealed,     .  .     56 

town  to  record  deeds,  &c.,  within  thirty  days 

after  receiving  the  same, .  .  .38 

to  keep  a  record  of  the  names  of  electors  voting,  29 
to  preserve  certificates  of  electors  coming 

from  other  towns,      .  .  .  31 

and  selectmen  may  decide  on  challenged  votes,   31 
may  decide  on  applications  of 

electors  from  other  towns,  34 
may  examine  under  oath,    .  34 

Clinton,  probate  district,  name  of,  changed,  .  .51 

Commissary  General,  how  removed,     .  .  .  4i 

Commissioner  of  School  Fund,  authorized 

to  administer  oaths,  .  ,  .46 

Commissioners  on  banks,  &c.,  and  their  duties,       .  .9 

to  report  to  the  General  Assembly,     10 

how  disqualified,         .  .  11 

on  Housatonic  rail-road,  authorized 

to  sell  stock,  &c.      .          fe| 

Connecticut  Medical  Society,     .... 
Constitution,  proposed  amendment  of, 
Court  of  Errors,  Supreme,  empowered  to  make  rules,     . 
judge  of,  may  make  orders  of  notice, 


68  INDEX. 

Courts,  county,  certain  acts  relating  to  salaries  of  judges  of, 

repealed,     .  .;  .  .23 

judges  of,  their  number,  how  appointed, 

and  their  powers,      .  .     24 

proviso  for  vacancy  and  disability  of,  24 
being  disqualified,  and  the  case 
appealable,  the  case  may  be 
removed  to  the  superior  court,     24 
salaries  of,  -.  l          .  .     24 

powers  of,  confirmed,  .  .  24 

superior  or  county,  adjournment  of  in  counties  having 

half-shire  towns,  .  .      26 

Debt,  act  to  abolish  imprisonment  for,  .  .  37 

Deeds,  &,c.,  not  invalidated  by  omission  of  notarial  seal,         38 

to  be  recorded  by  town  clerk  within  thirty  days  after 
•  i          delivery,       .  .  .  .  .38 

Depositions,  previous  notice  of,  to  be  given  to  state  attorney,  28 
when,  and  before  whom  to  be  taken,  .  .  28 

to  be  used  before  superior  and  county  courts,  by 

whom  opened,          .  .  .  .25 

Deputy  sheriffs,  number  of,  for  Middlesex  county,      .  58 

Directors  of  banks,  (see  Banks?) 

Dividends  of  banks,  not  to  be  made  except  from  earnings,         9 
question  on,  how  to  be  taken,       .  9 

East  Lyme,  fishery  in  Bride  pond  in,         .  .  .35 

Electors,  admission  of,  ....  34 

qualifications  of,  for  voting  in  certain  cases,  .       30 

acts   concerning   the  registration  of  names   of, 

repealed,  .  .  .  .29,30 

coming  from  other  towns,  a  record  of,  to  be  preserved,  34 

to  produce  certificates  and  be  sworn,  30 

false  swearing  of,  how  punished,  •  .  .30 

Electors  meetings,  board  for  admitting  electors  at,  when  and 

where  to  meet,  .  .  33 


INDEX.  69 

Electors  meetings,  when  allowed  to  be  opened  at  7  o'clock, 

A.M.,         ,  .  .  ,'..         .      32 

presiding  officers  of,  to  make  a  record  of  the  names 

of  voters  thereat,  ...  29 

when  authorized  to  administer  oaths,        30 

may  refer  the  decision  of  challenged  votes,  31 

special;  certain  sections  of  an  act  concerning,  repealed,  29 

Episcopal  societies,  acts  of,  confirmed,     .  .  .53 

Fees  on  petitions  to  General  Assembly,  act  requiring,  repealed,  55 
of  clerks  of  courts,  certain  acts  concerning,  repealed,  56 
Field-pieces,  act  authorizing  the  use  of,  for  other  purposes 

than  company  exercises,  repealed,  .  46 

Fishery  in  Bride  pond,  East  Lyme,  .  .  .35 

Forts  Trumbull  and  Griswold  ceded  to  the  United  States,       39 

Game,  act  for  preservation  of,  ...  35 

Governor,  when  to  remove  bank  commissioners^  .  .11 

authorized  to  cede  certain  lands,  &c.,  to  the  United 

States,  .....  39 

to  commission  officers,     .  .  .  .45 

Hartford  cfity,  constitution  of  the  city  court  of,  .  18 

powers  of  the  court  of  common  council  of,  .       18 

number  of  aldermen  and  common  councilmen  in,        18 
division  of,  into  wards,  .  .  .  18 

removal  of  buildings  in,  .  .  .  .19 

Housatonic  rail-road,  banking  privileges  of,  repealed,  except 

to  a  certain  extent,  ...  53 

commissioners  on,  authorized  to  sell  stock,  &c.,  to 

redeem  notes,  .  .  .  .53 

rate  of  interest  on  notes  of,    .  .  .  53 

Incorporation  of  Bridgeport  Savings  Bank,  .  .13 

Wadsworth  Atheneum,          .  .  3 

Willimantic  Savings  Institute,      .          .         15 

Judges,  (See  Courts,} 

Justices  of  the  peace,  to  preside  in  the  county  courts  in 

certain  cases,      ....  24 


70  INDEX. 

Killingworth  ;  name  of  probate  district  of  Clinton  changed  to,  51 

Liquors  spirituous,  all  laws  relating  to,  repealed,     .  .       40 

not  to  be  sold  and  drank  on  the  premises ;  (excep- 
tions thereto,)     .          •'•*,-'       '-•*•....•          •  40 

Manufacturers,  &c.,  law  regulating  their  employment  of  per- 
sons under  fourteen  and  fifteen  years  of  age,  40,  41 
penalty  against,  for  violation,      '  ..  •          .  .41 

Mayor  of  New  Haven,  (See  New  Haven,)     .  .  21 

Medical  Society,  Connecticut,     .  .  .  .42 

Middlesex  county,  number  of  deputy  sheriffs  for,  limited,        58 
Military  company,  commanding  officer  of  each,  to  keep  cer- 
tain records,  .  44 
nomination  of  commissioned  officers  in,     44 
provision  for  appointment  of  commissioned 

officers  in,  under  failure  to  elect,  45 

service,  ten  years  of,  exempting  from  poll-tax,        .       43 

Name  of  probate  district  of  Clinton  changed,  .  51 

of  ecclesiastical  society  of  North  Milford,  changed,     54 

New  Haven  city,  mayor  of;  his  duties  and  powers,          .       21 

penalty  for  resisting,  &c.,  22 

may  call  out  civil  and  military  forces,  22 

recorder  of;  how  chosen,  his  duties  and  powers,         20 

compensation  of,  .  21 

vacancy  in  the  office  of,  how  supplied,  21 

North  Milford,  name  of  ecclesiastical  society  of,  changed,      54 

Notaries  public,  expiration  of  commissions  of,      .  .       46 

omission  of  seal  of,  not  to  invalidate  deeds,  &c.,         38 

Oath,  presiding  officer  of  electors  meeting  authorized  to 

administer,  .  .  .  .30 

to  be  made  by  selectmen  with  regard  to  state  paupers,  50 

Oaths,  Commissioner  of  School  Fund  authorized  to  administer,  46 

Orange,  name  of  ecclesiastical  society  of  North  Milford 

changed  to  ....          54 

Orders  of  notice,  when  they  may  be  made  by  a  judge  of  the 

superior  court,        .  .47 


INDEX.  7 1 

Oysters,  act  for  the  growing  of,  ^-  :•  fc  -  k'.-'itc  •  48 

act  to  promote  the  growing  of,  1  *.'v  .  49 

when  not  to  be  taken,  .  iU#:-.  <  .  .49 

Oxford,  act  concerning  the  town  of,                  .  .  47 

Paupers  State,  selectmen  to  make  oath  with  regard  to,         .     50 
Pay  Master  General,  how  removed,       .  .          ,^          42 

Pedlers,  act  concerning  licenses  of,  .  .  .51 

Petitions  to  General  Assembly,  act  requiring  fees  on,  repealed,  55 
Probate  District  of  Clinton,  name  of,  changed,  .  .51 

Roxbury  constituted  a    .  .52 

Qualifications  of  Electors,     ....          30,  65 

Quarter  Master  General,  bonds  of,  reduced,       .  .           43 

how  removed,       .  .  .42 

Rail-Road,  Housatonic,  act  concerning,  .  .52 

Recorder  of  New  Haven,  (See  New  Haven  City,)     .  .     20 

Regiment,  commanding  officer  of,  to  keep  certain  records,  44 
Registration  of  names  of  electors,  acts  concerning,  repealed,  29, 30 
Roxbury  constituted  a  probate  district,  .  .  52 

Salaries  of  judges  of  county  courts,  .  .  .24 

certain  act  relating  to,  repealed,  23 

Savings  Bank  of  Bridgeport,  (See  Bank?)  .  .  .13 

Institute,  Willimantic,  (See  Willimantic,)          .  15 

School  District  Committees,  .  .  .  .57 

districts  in  which  no  schools  are  kept,  provision  for 

scholars  of,  ...  56 

boundaries  of,  how  settled,  .  .  .57 

holden  to  pay  teachers,  .  .  57 

and  societies,  annual  meeting  of,      .  .     57 

union,  &c.,  certain  laws  concerning,  repealed,  57 
already  formed,  provision  for,         .     58 
School  visitors  to  examine  into  the  situation  of  children  em- 
ployed in  manufactories,  &.C.,    41 
to  report  violations  of  the  act  for  prosecution,  41 


72  INDEX. 

Secretary  of  State  to  record  the  deed  of  cession  of  certain 

lands  to  the  U.  S.,        /  .,-',          .  .  39 

Selectmen  to  make  oath  with  regard  to  state  paupers,          .     50 

(See  Town  Clerics.) 

Sheriffs,  how  elected,     :  ,»  -  i  w'  .  .59 

act  requiring  a  majority  of  votes  for,  repealed,  59 

compensation  of,  for  distributing  laws,  &c.,      .  55 

Society  Ecclesiastical,  of  North  Milford,  change  of  name  of    54 
Societies  Agricultural,  to  file  certificates,  .  .  3 

Episcopal,  acts  of,  confirmed,         .  .  .53 

Stock  capital,  of  banks,  how  reduced,  .  .  10 

holders  of,  may  investigate  the  condition  of  banks,     .     1 1 
Students,  being  electors,  where  subject  to  taxation  and 

allowed  to  vote,         .  .  .    .        31,  32 

Supreme  Court,  (See  Court  of  Errors.) 

Tax  on  polls  abated  for  military  service,  .  .  43 

Taxes,  act  of  1832  providing  for  collection  of,  re-enacted,       60 

relief  from,  to  be  sought  from  the  board  of  relief 

within  a  given  time,      .  .  .  .60 

laid  by  town  of  Oxford,  confirmed,       .  .  47 

Taxation,  Wadsworth  Atheneum  exempt  from,       .  .  7,  8 

students,  when  and  where  exempt  from,         .  32 

proposed  bill  on,  .  .  .  .64 

Town  Clerks,  (See  Clerks.) 
Treasurer  of  the  State  to  receive  bonds  of  the  Quarter 

Master  General,    ....  43 

United  States,  cession  of  certain  lands  and  forts  to  .  .     39 

Votes  challenged,  by  whom  decided,  .  .  .31 

for  sheriff,  how  to  be  returned,  ...  59 

Wadsworth  Atheneum,  (See  Atheneum.) 

Wardens  and  vestry  constituted  a  society's  committee,  .     54 

Weighers  public,  act  concerning  the  number,  duties,  &c.,       62 

Willimantic  Savings  Institute,  incorporated,            .  .15 

deposites,  loans,  and  investment  of  funds,  16 

dividends,  general  powers  of,  &c.,           .  16 

annual  reports  of  to  be  made,           .  .17 


PUBLIC  ACTS, 


PASSED  BY  THE  GENERAL  ASSEMBLY 


OF    THE 


STATE  OF  CONNECTICUT, 


OCTOBER,  SPECIAL  SESSION,  1842. 


PUBLISHED,     IN     CONFORMITY    WITH     A     RESOLUTION    OP     THE 
GENERAL    ASSEMBLY,    UNDER    THE    SUPERINTEND- 
ENCE OF  THE  SECRETARY  OF  STATE. 


State  of  Connecticnt,  ss. : 

OFFICE    OF    SECRETARY    OF    STATE,    1843. 


HARTFORD. 

PRESS    OF    ELIHU    GEER,    26$    STATE    STREET. 

MDCCCXLIH. 


PUBLIC   ACTS. 


CHAPTER  I. 

An  Act  declaring  valid  the  doings  of  a  town-meet- 
ing therein  named. 

Whereas,  the  town  of  Canaan  have  heretofore  de- 
signaled  and  determined  other  places  than  the 
sign-posts  in  said  town  at  which  notifications  of 
town  meetings  in  said  town  should  be  set  up,  — 
and  whereas  the  selectmen  of  said  town  omitted 
to  set  up,  five  days  before  the  annual  meeting  of 
said  town,  on  the  first  Monday  of  October,  1842, 
a  notification  of  said  meeting,  at  some  of  the 
places  so  designated  and  determined,  but  notice 
of  said  meeting  was  in  all  other  respects  given 
according  to  law,  —  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the  Election  of  asses- 
appointment  of  assessors  and  a  board  of  relief.  sors'  &c-  in  c&' 

j     u          -j  A.  en  L  Au  *•         naan  confirmed. 

made  by  said  town  of  Canaan,  at  the  town-meeting 
aforesaid,  shall  not  be  deemed  invalid  or  void  by 
reason  of  the  omission  to  set  up  the  notifications 
aforesaid,  but  the  appointments  of  said  assessors 
and  board  of  relief,  if  in  other  respects  conforma- 
ble to  law,  are  hereby  confirmed  and  declared  to 
be  valid. 


Approved,  Oct.  28,  1842. 

CHAUNCEY  F.  CLEVELAND. 


FRAUDULENT  CONVEYANCES. 


CHAPTER  II. 

An  Act  in  further  addition  to  an  Act  entitled  "An 
Act  in  addition  to  an  Act  against  Fraudulent 
Conveyances." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in   General   Assembly    convened,      That 
Courts  of  Pro-     whenever  a  court  of  probate  shall,  in  the  settlement 
bate  may  author-  of  an  estate  assigned  by  an  insolvent  debtor  for  the 
mheTthan^he80"'  benefit  of  his  or  her  creditors,  under  the  said  act, 
Trustee,  to  sell     order  the  sale  of  any  part  of  the  real  estate  so  as- 
iSeTbTan'in-    signed> the  judge  may>  on  application  by  the  trustee 
solvent  debtor,     of  such  estate,  authorize  another  person  to  sell  such 
real  estate,  upon  such  person's  first  giving  bond  to 
such  court,  with  sufficient  surety,  conditioned  that 
he  will  faithfully  discharge  said  trust,  and  pay  to 
such  trustee  the  sum  for  which  such  real  estate  shall 
be  sold  :     And  at  any  sale  made  by  such  person  so 
authorized,  the  trustee  may  be  purchaser.      Provi- 
Noticeofsuch      ded,  That  whenever  an  application  shall  be  made 
sale  to  be  publish- to  a  court  of  probate,  by  any  trustee,  for  the  ap- 
ed^m  a  newspa-  pOintment  of  another  person  to  sell  any  real  estate, 
in  pursuance  of  this  act,  the  said  court  of  probate 
shall  order  the  said  trustee  to  give  notice  by  adver- 
tising in  a  newspaper  or  otherwise,  as  the  court  of 
probate  shall  direct. 

Approved,   Oct.  28,  1842. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    III. 


An  Act  to  divide  the  State  into  Districts  for  the 
Election  of  Representatives,  for  this  State,  in  the 
Congress  of  the  United  States. 


ELECTIONS. 


SEC.   1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly   convened, 
That  the  state  be,  and  hereby  is  divi  led  into  four  Division   of  the 
Districts  for  the  choice  of  Representives  from  this  State   into  four 

,        -~  /•     i       TT    •       i   n  i_    Congressional 

state,  m  the  Congress  or  the  United  fetates  ;  each  Districts. 
District  to  be  entitled  to  one  Representative,  as  fol- 
lows : — 

District  number  one,  to  consist  of  the  counties  of  District  No.  i. 
Hartford  and  Tolland : 

District  number  two,  to  consist  of  the  counties  NO.  2. 

of  New  Haven  and  Middlesex  : 

District  number  three,  to  consist  of  the  counties  No.  3. 

of  New  London  and  Windham  : 

District  number  four,  to  consist  of  the  counties  No.  4. 

of  Fairfield  and  Litchfield. 

SEC.  2.     All  existing  laws  relating  to  the  elec-  Existing  laws, 
tion  of  Representatives  in  Congress,  in  the  several  (not  inconsistent 

.      r,    ,.       .  P  ...          *    ,          herewith, )  to  con- 

rorg-es'-ional  districts  as  heretofore  constituted,  (ex-  tinue  jn  forcei 
coot  so  far  as  the  same  are  inconsistent  with  the 
provisions  of  this  act,)   shall  continue  in  force  and 
be  applicable  to,  and  operate  upon  the  respective 
congressional  districts  as  hereby  constituted. 

SEC.  3.     The  first  section  of  "  An  Act  in  alter-  First  section  of  a 
ation  of  an  Act  entitled  an  Act  regulating  the  Elec-  Act  ^ 

tion  of  Senators  and  Representatives  for  this  Stale, 
in  the  Congress  of  the  United  States,"  passed  May 
Session,  1835,  be,  and  the  same  is  hereby  repealed. 

Approved,   Oct.  28,  1842. 

CHAUNCEY  F.  CLEVELAND. 


STATE  OF  CONNECTICUT,  ss. 

SECRETARY'S  OFFICE,    July  4th,  1843. 

I  HEREBY  CERTIFY,  That  I  have  compared  the  printed  copy 
of  the  Acts  contained  in  this  pamphlet,  with  the  original  Acts, 
as  engrossed  and  passed  by  the  Legislature,  and  find  the  same 
to  be  correct. 

NOAH  A.  PHELPS, 

Secretary  of  State. 


INDEX; 

OCTOBER,    SPECIAL    SESSION,    1842. 


PAGE. 

Assessors  and  board  of  relief  in  Canaan,  acts  of  confirmed;     3 

Canaan ,  doings  of  town  meeting  in  made  valid  ;  .         .     3 

Conveyances  fraudulent ;  act  in  addition  to,         .         •         .4 

Districts  congressional ;  act  dividing  the  state  into        .         .     4 
"  "  how  constituted ;  .         *.  .      .     5 

Election  of  Senators  and  Representatives  in  Congress  ;         .5 
Insolvent  debtors ;   assignments  by  .         .  .4 

Probate  Courts  authorized  to  appoint  agents  other  than  trus- 
tees, to  sell  estate  of  an  insolvent  debtor ;     4 
"         "        ;  notice  to  be  given  on  sales  ordered  by,         .     4 

Town  meeting  in  Canaan,  acts  of  confirmed  ;     .         .         .3 
Trustees  of  insolvent  estates  may  be  the  purchasers  thereof;    4 


PUBLIC  ACTS, 


PASSED  BY  THE  GENERAL  ASSEMBLY 


OF    THE 


STATE  OF  CONNECTICUT, 


MAY   SESSION,   1843. 


PUBLISHED,    IN     CONFORMITY     WITH    A    RESOLUTION    OF    THE 
GENERAL    ASSEMBLY,    UNDER    THE     SUPERINTEN- 
DENCE OF  THE  SECRETARY  OF  STATE. 


State  af  (fomtuctirnt,  BS.  : 

OFFICE    OF    SECRETARY    OF    STATE,    1843. 


HARTFORD. 

PRESS   OP   ELIHU   GEER,   26$   STATE   STREET. 

MDCCCXLHI. 


PUBLIC    ACTS. 


CHAPTER    I. 

An  Act  in  addition  to  an  Act  entitled  "An  Act  for 
the  regulation  of  Civil  Actions." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  in  any  action  brought  upon  any  In  actions  upon 
administration  bond,  or  other  bond,  with  conditions,  ™\nnb°h?ch 
or  where  in  any  action  at  law,  by  reason  of  a  plea  plea's  of  set-off, 
of  set-off,  or  other  special  plea  therein,  it  shall  **•>  are  madfe' 

r,.  .  the  matters  of 

become  necessary  to  adjust  and  settle  any  matter  account  may  be 
of  account  proper  to  be  heard  and   decided  by  referred  to 
auditors,  the  court  before  which  such  action  shall  audltors- 
be  pending  shall  be,  and  they  hereby  are  author- 
ized and  empowered  to  refer  such  matters  of  ac- 
count to  one  or  more  auditors  to  be  appointed  by 
said  court,  to  be  by  such  auditors  heard  and  deci- 
ded in  such  manner  as  said  court  shall  order  and 
direct ;  and  in  case  any  other  issue  shall  be  joined 
in  such  action,  the  same  shall  be  heard  and  decided 
as  is  now  by  law  provided. 

SEC.  2.     In  all  actions  brought  against  two  or  One  of  two  or 
more    defendants  for  the  recovery  of  any  debt,  more  defendants 
where  the  plaintiff  lives  or  resides  out  of  this  state,  J5JJ*5|J  set" 
or  is  a  bankrupt,  or  insolvent,  and  there  shall  be  cases. 
mutual  debts  between  such  plaintiff  and  a  part  only 
of  the  defendants  in  said  suit,  the  said  defendant 
or  defendants  to  whom  such  plaintiff  may  be  so 
indebted,  shall  be  entitled  to  a  set-off  of  such  debt 
against  the  plaintiff's  demand  in  said  suit,  in  the 
same  manner  as  though  there  were  no  other  de- 
fendant or  defendants  therein. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


BANKS. 


which  muy  be 
hc.ld. 


Repealing  parts 
of  the  Act  of 
Incorporation. 


CHAPTER    II. 

An  Act  in  addition  to  and  in  alteration  of  an  Act 
entitled  "An  Act  to  Incorporate  the  Exchange 
Bank." 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  it  shall  be  lawful  for  any  one  person,  co-part- 
of  shares  nership  or  corporation,  to  hold  directly  or  indirectly, 
any  number  not  exceeding  five  hundred  shares  of 
the  capital  stock  of  said  Bank,  at  any  one  time, 
and  to  receive  the  dividends  thereon. 

SEC.  2.  Be  it  further  enacted,  That  so  much  of 
said  act  as  is  inconsistent  with  the  provisions  of 
this  act,  and  so  much  of  the  sixth  section  of  said 
act  as  requires  that  not  less  than  four  of  the  direct- 
,-  ors  annually  chosen  shall  be  mechanics  or  manu- 
facturers, be,  and  the  same  is  hereby  repealed. 

Approved,  May  27,  1843. 

CHAUNCEY  F.  CLEVELAND. 


Directors  em- 
powered to 
reduce  capital 
stock. 


CHAPTER  III. 

An  Act  in  addition  to  "An  Act  to  Incorporate  the 
Windham  County  Bank." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
directors  of  the  Windham  County  Bank  be,  and 
they  are  hereby  empowered  to  reduce  the  capital 
stock  of  said  Bank  to  a  sum  not  less  than  sixty 
thousand  dollars,  (exclusive  of  what  is  or  may  be 
invested  therein  by  this  state,  and  of  such  sub- 
scriptions as  are  authorized  by  the  act  incorporating 


BANKS. 

said  Bank,)  and  to  adopt  such  measures  for  effect- 
ing the  same  as  the  interest  of  the  Bank  and  of 
the   public   may    require.       Provided,    that    such 
reduction  shall  in  the  first  instance  be  effected  from 
the  stock  owned  by  said  Bank,  and  that  no  stock- 
holder shall  be  required  to  release  his  stock  in  said 
Bank  without  his   consent;     Provided,  also,   that 
such  reduction  shall  be  made  and  completed  on  or  re^cd 
before  the  first  day  of  August  next,  and  that  the 
cashier  of  said  Bank  shall  within  ten  days  after  any  given,  when  and 
reduction  shall  have  been  made,    forward  to  the  to  whom. 
Secretary  of  this  State  an    attested  copy  of  the 
proceedings  of  the  directors  in  making  such  re- 
duction. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    IV. 


An  Act  relating  to  Savings  Banks  and  Savings 
Societies. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  moneys  or  funds  of  the  several  Savings 
Banks  or  Savings  Societies  in  this  state,  shall  not 
hereafter  be  invested  in  the  stock  of  any  bank  of  Whatinvest- 

.1  i  i         i        /•  ments  are  forbid- 

discount,  or  in  the  stocks  or  bonds  of  any  state,  den- 
city  or  other  corporation,  or  in  post-notes,  except 
such  investment  be  rendered  necessary  in  order  to 
obtain  the  payment  of  a  debt  previously  contracted, 
and  owing  to  any  Savings  Bank,  or  Savings  Soci- 
ety, which  cannot  be  otherwise  effectually  obtained. 
Nor  shall  any  loan  of  the  moneys  or  funds  of  any 
Savings  Bank  or  Savings  Society  be  hereafter  made, 
unless  the  same  be  secured  by  mortgage  of  real  Lo(mg 
estate  in  this  state,  unincumbered,  equal  in  value  to  secured. 
double  the  amount  of  the  loan  secured  thereon, 


BANKS.        BOROUGHS. 


and  what  state- 
ments to  make. 


except  to  an  amount  not  exceeding  in  the  whole  ten 
per  cent,  of  the  amount  actually  on  deposite  in  such 
Savings  Bank  or  Savings  Society,  for  the  time  being. 
SEC.  2.  It  shall  be  the  duty  of  the  treasurer, 
Treasurers,  &c.,  secretary  or  clerk  of  each  Savings  Bank  or  Sa- 
when,  to  whom,  vings  Society,  annually,  on  or  before  the  second 
Wednesday  of  May,  to  transmit  to  the  General 
Assembly  a  statement  under  oath,  of  the  condition 
of  the  institution  of  which  he  is  treasurer,  secre- 
tary or  clerk,  on  the  first  day  of  April,  specifying 
the  number  of  present  depositors,  the  amount  of 
deposites,  the  amount  deposited  in  the  past  year, 
and  the  amount  of  deposites  withdrawn,  the 
amount  and  rate  of  dividends,  the  balance  of  profit 
and  loss,  the  amount  of  expenses  for  the  year,  the 
amount  of  interest  due  and  unpaid,  the  amount 
loaned  on  real  estate,  the  amount  loaned  on  stocks 
and  other  personal  estate,  the  amount  loaned  on 
notes  not  secured,  the  amount  invested  in  real 
estate,  and  the  locality  thereof,  and  the  amount 
invested  in  stocks,  bonds,  or  other  personal  estate, 
Penalty  for  neg-  sPecifying  the  name  and  quantity  thereof;  and  if 
the  treasurer,  secretary  or  clerk  of  any  Savings 
Bank  or  Savings  Society  shall  neglect  or  refuse  to 
make  such  statement  as  aforesaid,  he  shall  forfeitand 
pay  to  the  Treasurer  of  the  state  a  sum  not  less 
than  ten  nor  more  than  one  hundred  dollars,  accord- 
ing to  the  nature  and  circumstances  of  the  case. 


lect,  &c. 


Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    V. 

An  Act  in  addition  to  and  in  alteration  of  an  Act 
entitled  "An  Act  Incorporating  the  Borough  of 
Norwalk." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened; 


BOROUGHS. 


SEC.  1.  The  limits  of  said  borough  shall  be  and  Limits  of  Bor- 
they  hereby  are  reduced  and  contracted,  and  the  oush- 
boundary  line  thereof  shall  hereafter  be  as  follows, 
viz: — commencing  at  a  point  on  the  west  side  of 
the  north  and  south  highway,  six  rods  northerly  of 
the  northwesterly  of  four  corners,  said  corner  being 
opposite  and  northerly  of  the  Episcopal  Academy 
in  said  Norwalk,  —  thence  running  westerly,  paral- 
lel with  and  at  a  distance  of  six  rods  northerly 
from  the  line  of  the  public  highway  leading  from 
said  four  corners  to  the  Danbury  road,  (said  line 
after  passing  the  house  of  E.  H.  Street,  to  vary,  if 
necessary,  so  as  to  strike  said  Danbury  road  at  the 
southwest  corner  of  the  door  yard  of  James  Fin- 
ney  ;)  thence  across  said  Danbury  road  to  a  point 
on  the  southerly  side  thereof,  six  rods  from  the 
corner,  at  the  northeast  comer  of  the  door  yard 
late  of  Hezekiah  Rogers,  deceased ;  thence  south- 
westerly, parallel  with  the  northerly  line  of  the 
highway  leading  from  said  Danbury  road  across  the 
fording-place  and  to  the  old  mill,  and  six  rods  dis- 
tant northwesterly  from  said  line  of  said  highway, 
to  a  point  on  the  south  line  of  the  garden  of  the 
widow  Isaac  Belden ;  thence  east  by  the  line  of 
said  garden  on  the  south  line  of  the  door  yard  of 
said  Belden  to  the  Connecticut  turnpike,  then  east 
across  said  turnpike  to  the  south  line  of  the  highway 
leading  east  from  said  turnpike,  and  following  the 
south  line  of  said  highway  to  the  northeast  cor- 
ner of  the  ox- pound,  so  called,  opposite  the  house 
of  William  K.  James ;  thence  on  a  straight  line 
easterly  across  the  harbor  to  the  southwesterly  cor- 
ner of  George  W.  Betts'  garden,  at  the  intersection 
of  the  highway  running  east  from  the  down-town 
road  by  said  garden  ;  thence  along  the  north  line  of 
said  highway,  to  a  point  six  rods  east  from  said  cor- 
ner ;  thence  northerly  parallel  with  the  north  and 
south  highway,  at  a  distance  of  six  rods  from  the 
easterly  side  of  said  highway,  to  a  point  on  the  south 
line  of  the  Connecticut  turnpike,  six  rods  distance 
from  the  northwest  corner  of  the  door  yard  of  the 
residence  of  the  late  Hezekiah  Jarvis,  deceased; 
thence  west  on  said  south  line  of  said  turnpike,  to 
said  corner  of  said  door-yard ;  thence  in  a  straight 


BOROUGHS. 


Proviso. 


Confirming  the 
the  acts  of  said 
Borough. 


line  to  the  place  of  beginning  ;  and  that  the  inhabit- 
ants living  within  said  limits  shall  be  and  continue 
the  body  politic  or  corporate  created  by  the  name 
of  the  Warden,  Burgesses  and  Freemen  of  the  Bor- 
ough of  Norwalk,  with  all  the  powers  and  privileges 
conferred  by  the  act  to  which  this  is  in  addition  ;  and 
that  the  inhabitants  living,  and  the  property  lying 
without  said  lines  herein  established,  shall  no  long- 
er belong  to  or  be  included  in  said  borough.  Pro- 
vided, that  the  inhabitants  and  property  heretofoie 
included  in  said  borough,  and  hereby  excluded 
therefrom,  be  and  shall  remain  liable  to  pay  their 
and  its  proportion  of  all  legal  claims  against  said 
borough,  existing  at  the  time  of  the  passage  of  this 
act :  and  said  inhabitants  and  said  property  shall  be 
liable  to  be  taxed  therefor  by  a  vote  of  said  borough: 
and  said  inhabitants  may  attend  and  vote  in  any 
meetings  called  for  the  purpose  of  levying  any  such 
tax :  —  and  the  owners  of  such  property  and  said 
inhabitants  may  do  any  other  acts  and  take  part  in 
any  other  proceedings  done  or  had  for  the  extin- 
guishment of  such  claims,  in  the  same  manner  as 
they  might  have  done  if  this  act  had  not  been 
passed. 

SEC.  2.  All  taxes  heretofore  levied  and  collect- 
ed by  said  borough  are  hereby  validated,  and  no 
suit  for  the  recovery  thereof  against  said  borough, 
or  against  any  officer  on  account  of  any  proceed- 
ings in  the  collection  of  the  same,  shall  hereafter  be 
brought  or  maintained. 


Approved,  June  6,  1843. 


CHAUNCEY  F.  CLEVELAND. 


CITIES. 


CHAPTER    VI. 

An  Act  relative  to  the  duties  and  powers  of  the 
Mayor  of  the  City  of  Hartford. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convejicd, 
That  the  May  or  of  the  city  of  Hartford  shall  here-  Mayor,— his  du- 
after  be  the  chief  executive  magistrate    thereof:  ties» 
and  it  shall  be  his  duty  to  be  vigilant  and  active  in 
causing  the  laws  to  be  executed  and  enforced ;  and 
he  shall  be  conservator  of   the   peace   within  said 
city,  and  shall  have  authority  with  force  and  strong  and  powers, 
hand,  when  necessary,  to  suppress  all  tumults,  riots, 
routs  and  unlawful  assemblies,  and  to  arrest  without 
warrant,  and  commit  to  prison  for  a  time  not  exceed- 
ing twenty-four  hours,  any  person  or  persons  who 
may  be  detected  in  revelling,  quarrelling,  brawling, 
or  otherwise    behaving  in  a  disorderly  manner,  to 
the  disturbance  or  annoyance  of  the  peaceable  in- 
habitants of  said  city.      He  is  also  empowered  to 
enter  any   house  or  building  which  he  has  reason- 
able cause  to  suspect  to  be  inhabited  by  persons  of 
ill-fame,  or  to  which  persons  of   dissolute,  idle,  or 
disorderly  character  are  suspected  to  resort.      And 
if  any  dissolute,  disorderly  or  vagrant  persons  are 
found  assembled  in  or  about  any  such  house  or 
building,  he  shall  command  all  such  persons  imme- 
diately to  disperse,  if  in  his  opinion  the  good  order 
of  any  portion  of  the  city  require  it ;  and  in  case  of 
neglect  or  refusal  to  obey  such  command  he  is  here- 
by authorized  to  commit  without  warrant,  any  per-  May  commit 
son  or  persons  so  disobeying  to  prison,  for  a  term  w 
not  exceeding   twenty-four  hours :    and  he  shall 
have  and  may  exercise  within  the  limits  of  said  city 
all  the  powers  given  to  sheriffs  or  other  officers  by 
the  fifty-ninth  and  sixtieth  sections  of  the  act  enti- 
tled "An  Act  concerning  Crimes  and  Punishments;" 
and  he  may  at  all  times,  if  need  be,  require  the  aid 
of  any  sheriff,  deputy  sheriff,  town  or  city  constable, 
or  watchman,  or  any  or  all  of  them,  together  with 
such  other  aid  as  may  be  necessary.     And  when- 


10  CITIES. 

ever   he  shall  have  reason  to  believe  that  great 
opposition  will  be  made  to  the  execution  of  his 

May  call  out  the  authority,  he  shall  have  power  to  call  out  the  several 
companies  of  militia  in  said  city,  or  any  or  either  of 
them,  and  may  exert  all  the  force  necessary  to  enable 
him  to  execute  the  laws  within  the  limits  of  said  city. 
SEC.  2.  If  any  person  shall  hinder,  obstruct, 
resist,  or  abuse  the  Mayor  in  the  execution  of  his 
office,  or  when  commanded  to  assist  him  therein, 
(being  of  sufficient  age  and  ability)  shall  refuse  or 
unreasonably  neglect  so  to  do,  such  offender  being 

Penalty  for  resis-  thereof  duly  convicted,  shall  pay  a  fine  not  exceed- 
ing one  hundred  dollars,  OF  shall  be  imprisoned  in 
the  county  gaol  not  exceeding  six  months,  or  both, 
at  the  discretion  of  the  court  having  cognizance  of 
the  offence. 

SEC.  3.     Every  commissioned  officer  and  soldier 
when  called  into  service  by  the  Mayor  of  said  city, 

rtty  of  militia,     in  manner  aforesaid,  shall  be  entitled  to  the  same 

£dS*T  '  *  Pay>  and  for  disobeying  the  commands  of  the  said 
Mayor,  shall  be  subject  to  the  same  penalty  as  is 
provided  when  called  into  service  by  the  sheriff  of 
the  county,  by  virtue  of  the  act  entitled  "  An  Act 
relating  to  Sheriffs." 

Approved,  May  27,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    VII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
regulating  the  Streets  and  Buildings  in  the  City 
of  Hartford,  and  for  preserving  the  Health  of  the 
Inhabitants  thereof." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
.   of  Representatives  in   General  Assembly  convened, 

Common  Council  nni     ..   .1       /-<         .       /•   x-^  „.  j7    .          .  , 


Common  Council  TUn*  »u      o  c  n  r*  -t      r •     i  f 

authorized  to  lay   L  nat  tne  Court  of  Common  Council  of  the  city  of 
out  drains,  &c.    Hartford  shall  be,  and  they  hereby  are  authorized 


CITIES.  11 

and  empowered  to  lay  out,  build  and  construct,  or 

cause  to  be  laid  out,  built  and  constructed,  drains 

and  common  sewers  in  any  part  or  portion  of  said 

city  of  Hartford,  and  to  assess  the  expenses  there-  ana  assess  expen- 

of,   or  such  part  of  said  expenses  as  said  Court  of  ses  therefor. 

Common  Council  shall  deem  just  and  reasonable, 

upon  any  person  or  persons  who  are  or  may  be, 

in  the  opinion  of   said  Court  of  Common  Council, 

in  any  manner  benefitted  thereby. 

SEC.  2.  Whenever  said  Court  of  Common 
Council  shall  lay  out,  build  and  construct,  or  cause 
to  be  laid  out,  built  and  constructed,  any  drain  or 
common  sewer  as  aforesaid,  they  may  adjust  and 
liquidate  the  expense  thereof,  and  apportion  and 
assess  the  same,  or  such  part  thereof  as  they  shall 
deem  just  and  reasonable,  upon  snch  persons  as  are 
or  may  be,  in  the  opinion  of  said  Court  of  Com- 
mon Council,  benefitted  by  said  drain  or  common 
sewer;  and  said  assessment  shall  be  collected,  ac-  Assessment, how 
counted  for,  and  paid  over,  in  the  manner  prescri-  to  be  collected, 
bed  in  the  ninth  section  of  the  act  to  which  this  is  an 
addition  ; — and  for  those  purposes,  the  same  powers 
are  hereby  granted,  and  the  same  duties  enjoined. 

SEC.  3.     Said  Court  of  Common  Council  shall, 
be,  and  they  hereby  are  empowered  at  any  time  to  ^Srfdraht, 
make  such  alterations  and  repairs  in  any  drain  or  &c. 
common  sewer  laid  out,  built  and  constructed  as  may  be  made- 
aforesaid,  as  in  their  opinion  shall  be  proper  and 
necessary,  and  may  adjust  and  liquidate  the  expen- 
ses thereof,  and  apportion  and  assess  the  same  up- 
on individuals,  in  the  same  manner  as  is  prescribed 
in  the  second  section  of  this  act  in  the  case  of  lay- 
ing out,  building  and  constructing  drains  or  com- 
mon sewers;  and  said  assessment  shall  be  collected, 
accounted  for  and  paid  over  in  the  manner  prescri- 
bed in  said  second  section  of  this  act. 

SEC.  4.     Whenever  the  Mayor,  Aldermen  and 
Common  Council  of  said  city  shall  lay  out  or  alter 
any  highway,  street,  or  public  walk  in  said  city,  and 
in  the  course  of   the  proceedings  it  shall  become 
necessary  to  appoint  a  committee,  or  call  out  a  jury  Committee  to 
to  assess  or  re-assess  the  damages  to  any  person  or  assess damages  on 
persons  injured  or  aggrieved,  said  committee  shall  new  street8' &c> 


12  CITIES. 


consist  of  freeholders  residing  in  said  city,  and  said 
jurors  shall  be  drawn  from  the  jury-box  of  said  city. 

Approved,  June  1,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    VIII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  to 
secure  the  cities  of  Hartford  and  New  Haven 
from  damage  by  Fire,  by  regulating  the  mode  of 
building." 

SEC.  1.  Beit  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  provisions  and  regulations  of  the  first, 
fourth,  fifth  and  sixth  sections  of  the  act  entitled 
"  An  Act  to  secure  the  cities  of  Hartford  and  New 
Haven  from  damage  by  fire,  by  regulating  the  mode 
of  building,"  to  which  this  is  an  addition,  shall  em- 
brace and  be  in  force  and  established  in  all  parts  of 
the  city  of  Hartford  embraced  within  the  following 
Fire  limits  ex-  ]jmits,  to  wit ; —  beginning  on  the  southerly  line  of 

tended, and  '  p  y      .  .  •  ,     • 

defined.  the  present  nre  limits  on  Main  street  in  said  city  01 

Hartford,  and  embracing  all  the  land  lying  within 
fifteen  rods  of  the  west  side  of  said  Main  street, 
as  far  southerly  as  the  center  of  Park  street,  and  all 
the  land  lying  within  fifteen  rods  of  the  east  side  of 
said  Main  street,  as  far  southerly  as  the  center  of 
Coles  street. 

.  ,  SEC.   2.     No  barn  or  stable  shall  be  hereafter 

&c.,  not  toTo      erected  within  the  fire  limits  heretofore,  or  by  this 

erected  therein,    act  prescribed  in  said  city,  except  such  as  shall  have 

lse'  their  outer  walls  entirely  composed  of  brick  or  stone, 

and  mortar,    without  the  license  of  the   court  of 

common  council  of  said  city  of  Hartford. 

SEC.  3.  That  the  owner  or  owners,  builder  or 
builders  of  any  barn  or  stable  that  shall  be  hereaf- 
ter erected  in  said  city  of  Hartford,  contrary  to  the 


CITIES.  13 

provisions  of  this  act,  shall  forfeit  and  pay  to  the  Penalty  for  so 
Treasurer  of  said  city,  for  the  use  of  said  city,  the  erectin£- 
sum  of  fifty  dollars  for  every  such  building  so  erec" 
ted,  and  the  further  sum  of  five  dollars  a  month  for 
each  and  every  month  any  such  building  so  erected 
shall  be  continued. 

Approved,  May  27,  1843. 

CHAUNCEY  F.  CLEVELAND, 


CHAPTER    IX. 

An  Act  to  divide  the  city  of  New   Haven  into 
Wards  for  the  election  of  Officers. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened; 

SEC.  1.  .  That  the  city  of  New  Haven  is  hereby 
and  shall  hereafter  be  divided  into  four  wards,  as 
follows,  to  wit :  —  so  much  of  said  city  as  lies  west-  Ward  No.  1 
erly  of  and  extends  westerly  from  a  line  passing 
through  the  centre  of  Whitney  avenue,  and  a  Line 
through  the  centre  of  Church  street,  from  Whitney 
avenue  to  Chapel  street,  and  as  lies  northerly  of 
and  extends  northerly  from  a  line  passing  through 
the  center  of  Chapel  street,  from  Church  street  to 
Sherman  avenue,  and  also  a  line  passing  through 
Sherman  avenue,  westerly  to  its  termination,  and 
thence  continued  directly  to  West  River,  be  and 
remain  Ward  No.  1 :  so  much  of  said  city  as  lies  Ward  No.  2. 
southerly  of  and  extends  southerly  from  said  last 
named  line,  passing  through  said  Chapel  street  and 
Sherman  avenue  to  West  river,  and  as  lies  westerly 
of  and  extends  westerly  from  a  line  passing  through 
the  centre  of  Church  street,  and  a  line  passing 
through  the  center  of  Meadow  street,  be  and  re- 
main Ward  No.  2 :  so  much  of  said  city  as  lies  Ward  No  3 
easterly  of  and  extends  easterly  from  said  last 
mentioned  line,  passing  through  the  centre  of 


14 


CITIES. 


Ward  No.  4. 


Elections  to  be 
held  in  Wards. 


Residence  of 
Voters. 


Penalty  for 
illegal  voting. 


Ward  officers, 
when  and  how 
elected. 


Votes  how  given. 


Vacancies,  how 
filled. 


['laces  of  voting, 


Meadow  street,  and  the  centre  of  Church  streetr 
and  as  lies  and  extends  southerly  of  and  from  a 
line  passing  through  the  centre  of  Chapel  street, 
from  Church  street  to  Mill  river,  be  and  remain 
Ward  No.  3  :  so  much  of  said  city  as.  lies  north- 
erly of  and  extends  northerly  from  said  last  men- 
tioned line,  through  Chapel  street,  and  as  lies  east- 
erly of  and  extends  easterly  from  said  line  before 
mentioned,  passing  through  the  centre  of  Whitney 
avenue  and  Church  street  to  Chapel,  be  and  remain 
Ward  No.  4. 

SEC.  2.  At  the  annual  and  other  meetings  for 
the  election  of  city  officers  in  said  city,  the  free- 
men shall  vote  for  officers  in  the  several  wards 
wherein  they  have  statedly  resided  for  the  four 
weeks  next  preceeding  such  meeting;  residence 
being  for  this  purpose  where  the  voter  has  statedly 
lodged ;  provided,  that  in  no  case  shall  any  free- 
man give  his  ballot  in  any  ward,  whereto  he  may 
have  temporarily  removed  for  the  purpose  of  voting 
therein.  And  if  any  person  shall  vote  for  any  city 
officers,  in  any  ward  wherein  he  is  not  entitled  to 
vote,  he  shall  forfeit  the  sum  of  seventeen  dollars 
to  the  treasury  of  the  city. 

SEC.  3.  At  the  annual  election  of  city  officers 
in  said  city,  there  shall  be  elected  one  alderman 
and  five  common  council  men  in  each  of  said 
wards,  by  the  voters  of  each  of  said  wards  respec- 
tively and  exclusively.  But  votes  for  all  other  city 
officers,  now  elected  by  the  freemen  of  said  city, 
may  be  received  from  all  the  freemen  of  said  city, 
given  in  their  respective  wards.  And  the  names  of 
all  persons  voted  for  may  be  on  one  piece  of  paper, 
written  or  printed.  And  in  case  of  the  vacancy 
in  any  office  which  is  filled  by  the  exclusive  votes 
of  any  ward  before  the  end  of  the  year,  the  same 
may  be  filled  by  an  election  to  such  vacancy,  by  a 
plurality  vote,  for  the  residue  of  the  official  year, 
by  the  voters  of  that  ward  only. 

SEC.  4.  The  place  of  voting  in  Ward  No.  1, 
shall  be  at  the  State  House,  in  the  City  Hall ;  in 
Ward  No.  2,  at  some  place  in  said  ward  westerly 
of  the  centre  line  of  Temple  street  continued,  and 
southerly  of  the  centre  line  of  Crown  street ;  in 
Ward  No.  3.  at  some  place  in  said  ward  easterly 


CITIES.  15 

of  the  centre  line  of   State  street  continued,  and 
southerly  of  the  centre  line  of  Wooster  street  con- 
tinued ;  in  Ward  No.  4,  at  some  place  in  said  ward 
easterly  of  the  centre  line  of  State  street  continued, 
and  northerly  of  the  centre  line  of  St.  John  street 
continued ;  said  several  places  of  voting  in  Wards 
No.  2,  3,  and  4,  subject  to  the  foregoing  restrictions, 
to  be  designated  by  the  Court  of  Common  Council  b^c 
of  said  city,  and  to  be  published  by  direction  of  Council. 
the  said  Court  of   Common  Council,  at  least  six 
days   before  the  day  of    election,  in  one  or  more 
newspapers  in  said  city,  and  also  to  be  inserted  in 
the  warnings  of  the  city  meeting.     And  said  Court 
of  Common  Council  shall,  from  their  own  number 
residing  in  Wards  No.  2,  3,  and  4,  appoint  a  presi-  Presiding  officer, 
ing  officer,  and  a  substitute  (in  case  of  failure  to 
attend)  at  the   election  in   each  of    said   Wards. 
And  the  members  of  the  Court  of  Common  Coun- 
cil, and  such  persons  as  the  presiding  officer  may 
designate,  residing  in  each  ward,  and  present  in  the 
meeting  for  the  choice  of   officers,  shall  assist  the  His  duties, 
presiding  officer  in  the  business  of  the  meeting,  in 
the  receiving,  entering,  counting  and  disposing  of 
the  votes  therein  received.      The  presiding  officer  Names  of  voters 
in  each  ward  shall  order  the  names  of  the  freemen  to  be  enrolled, 
as  they  vote,  to  be  enrolled. 

SEC.  5.     The  poll  for  the  reception  of  votes  on 
the  day  of  election,  shall  be   open  from  9  o'clock  Polls,  time  of 
in  the  forenoon,  till  3  o'clock  in  the  afternoon.    And  ppjning  and  cios- 
imniediately  after  the  poll  is  closed,  the  votes  shall  "' 
be  counted,  and  a  certificate  of  the  true  result  in  Resuitof  ejec. 
each  ward,  shall  be  forthwith  transmitted  under  the  tion,  how  and 
hand  and  seal  of  the  presiding  officer  in  each  ward,  w^ere  transmit- 
together  with  the  votes  received,  and  list  of  persons 
voting,  to  the  presiding   officer  in  Ward  No.  1,  at 
the  City  Hall :  which  certificate  shall  be  received 
as  evidence  of  the  result  in  each  ward.     The  per- 
sons having  the  greatest  number  of   votes  for  the 
several  offices,  shall  be  declared  duly  elected,  as 
well  those  for  whom  all  the  freemen  of  the  city 
may  vote,  as  those  voted  for  by  the  several  wards. 
And  in  case  of   an  equality  of  votes,  so  that  any  in  case  of  equal 
particular  officer  named  be  not  chosen,  the  presid-  votes>  office  to  ba 
ing  officer  in  Ward  No.    1,  shall  in  presence  of  filled  by  Iot> 


16 


CITIES. 


Judges  of  City 
Court,  how  and 
when  elected. 


City  meeting 
when  and  where 
held. 

Powers. 


Special  Ward 
elections. 


Penalties  for 
illegal  voting. 


those  assembled,  forthwith  designate  by  lot  which 
of  those  having  such  equal  vote  is  chosen. 

SEC.  6.  From  the  four  Aldermen  chosen  in  the 
several  wards  as  aforesaid,  the  Court  of  Common 
Council  shall  elect  two  to  be  judges  of  the  City 
Court,  within  one  week  after  the  annual  election. 
And  thereupon,  said  presiding  officer  shall,  on  the 
day  of  election,  immediately  declare  the  result,  as 
above  ascertained,  in  regard  to  all  officers  to  be 
chosen  at  the  annual  city  election.  After  the  clos- 
ing of  the  poll  for  the  officers  to  be  chosen,  the 
City  meeting  at  the  City  Hall  in  Ward  No.  1 ,  where 
all  the  freemen  of  said  City  may  be  present  and 
participate,  may  proceed  to  transact  any  other  busi- 
ness that  may  come  before  them.  And  said  City 
meeting  in  Ward  No.  1,  shall  not  be  adjourned  until 
the  ballots  are  counted,  and  the  result  ascertained 
and  declared  as  aforesaid.  From  a  special  election 
in  any  one  Ward,  the  result  shall  be  certified  to  the 
next  Court  of  Common  Council,  which  shall  desig- 
nate by  lot,  on  any  equal  vote. 

SEC.  7.  All  penalties  for  illegal  voting  in  said 
city  meetings  now  provided,  and  all  laws  now  exist- 
ing in  relation  to  said  city  and  its  powers  and  proceed- 
ings, not  inconsistent  herewith,  shall  not  be  vaca- 
ted, or  in  any  way  affected  by  the  passage  of  this 
act.  This  act  to  be  a  Public  Act ;  provided  that 
this  act  shall  not  take  effect  until  the  20th  day  of 
June,  1843. 

Approved)  June  3,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    X. 


An  Act  in  addition  to  an  Act  entitled  "An  Act 
Incorporating  the  City  of  Middletown." 

SEC.   1 .     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 


CITIES.  17 

That  there  shall  be  a  Recorder  for  the  city  of  Mid-  Recorder,  — his 

dletown,  who  shall  be  the  Chief  Judge  of  the  City  J  J" 

Court  of  said  city,  and  shall  perform  all  the  duties 

of  a  Judge  of  said  court,  instead  of   the  Mayor  of 

j-aid  city.     And  he  shall  also  have  and  exercise  all 

the  other  judicial  powers  and  authority  now  by  law 

appertaining  to  the  office  of  Mayor  of  said  city,  — 

and  said  power  and  authority  are  hereby  transferred 

from  said  office  of  Mayor  to  said  office  of  Recorder. 

The  Recorder  of  said  city  shall  be  annually  chosen  when  chosen. 

by  the  Court  of  Common  Council,  at  a  meeting 

specially  held  for  that  purpose,  after  the  annual  city 

meeting,   and  he  shall  hold  his  office  until  another 

be  chosen  and  sworn  ;  he  shall  take  the  oath  pro-  Tobe  sworn 

vided  by  law  to  be  administered  to  other  judicial 

officers,  and  shall  receive  such  compensation  as  shall  Compensation. 

be  established  by  by-law  of  said  city.    In  case  said 

office  of  Recorder  shall  at  any  time  become  vacant  Vacancy,  how 

by  death  or  otherwise,  said  Court  of  Common  Coun-  suPPlied- 

cil  shall  supply  such  vacancy  at  a  meeting  specially 

warned  for  that  purpose,  and  the  person  chosen  to 

supply  said  vacancy  shall  hold  said  office  until  the 

next  succeeding  annual  meeting,  and  until  another 

be  chosen  and  sworn. 

SEC.  2.     That  the  Mayor  and  Aldermen  of  said  Mayor  and  AI- 
city  of  Middletown  shall  have,  severally,  the  same  dcrmen,  —  their 

...  .  ,       .  ...'  y"  ij   duties  and  pow- 

power  within  said  city  to  disperse  and  apprehend  er3. 
rioters,  to  keep  the  peace,  and  to  require  sureties 
therefor,  and  the  same  criminal  jurisdiction  over  all 
crimes  and  offences  whatsoever,  committed  within 
the  limits  of  said  city,  that  Justices  of  the  Peace 
have  or  may  have  in  the  towns  where  they  reside, 
subject  to  any  appeal  that  is  now,  or  shall  hereafter 
be  allowed  from  Justices  of  the  Peace  in  criminal 
cases.  And  where  said  Mayor  or  Aldermen  have 
jurisdiction,  they  shall  have  the  same  power,  sever- 
ally, that  Justices  of  the  Peace  have  to  issue  process 
against  the  offender  or  offenders,  and  a  summons 
and  capias  for  witnesses,  and  may  at  all  times,  if 
need  be,  require  the  aid  of  any  sheriff,  deputy  sher-  • 
iff,  city  sheriff,  town  or  city  constable  or  watchman, 
or  any  or  all  of  them,  together  with  such  other  aid 
as  shall  be  necessary.  And  the  Mayor,  or  in  his 
absence  the  senior  Alderman  present  shall,  in  all  ca- 
3 


IS  COMMUNITIES. 


ses,  have  and  exercise  the  same  powers  and  duties 
which  were  conferred  on  the  Mayor  of  the  ciiy  of 
New  Haven,  by  an  Act  passed  1842,  entitled  "An 
Acl  in  addition  to  an  Act  entitled  An  Act  Incorpor- 
Penaity  for  resis-  ating  the  City  of  New  Haven."  And  all  persons  who 
tance  of,  &c.  shall  resist,  delayer  refuse  to  obey  the  legal  require- 
ments of  the  Mayor  or  either  of  the  Aldermen  of 
said  city  of  Middletown,  shall  be  subject  to  the  same 
penalty  as  is  provided  by  the  last  mentioned  act 
for  like  offences  ;  and  every  person  called  into  ser- 
vice by  the  Mayor  or  acting  Mayor,  shall  be  paid 
as  provided  by  the  sixth  section  of  said  act. 

SEC.  3.  The  Court  of  Common  Council  shall  at 
their  next  meeting  after  the  passage  of  this  act, 
and  at  each  annual  meeting  of  said  Court  thereafter, 
appoint  from  the  Common  Councilmen,  by  ballot, 

thl"ee  gr{lnd  JUI"°rS  for  the  city»  wh°  sha11  b<3 


heandow 

appointed.  and  who  shall  have  and  exercise  the  same  powers 

Their  powers,  an(j  duties  within  the  said  city  as  grand  jurors  have 
and  exercise  within  their  respective  towns.  And 
said  grand  jurors  shall  perform  the  duties  of  their 
office  until  others  are  chosen  and  sworn  in  their 
stead. 

Approved,  June  7,  18-43. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XI. 


An  Act  in  addition  to  an  Act  entitled  "An  Act 
enabling  Communities  to  enforce  and  defend 
their  Rights." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 

.of  Representatives  in  General  Assembly  convened, 

Conveyances       That  all  conveyances  of  property  that  have  been 

made  to  Trustees  heretofore,  or  that  shall  be  hereafter  made  to  the 

effcotuU^a'iaw-    trustees  of  the  community  in  Enfield  in  this  state, 

called   Shakers,   or  to  the  trustees  of  any  such 


19 


community  in  said  town,  and  to  their  successors  in 
office,  according  to  the  forms  and  usages  in  like 
cases  adopted,  shall  be  good  and  effectual  in  law, 
to  convey  such  property  to  said  trustees  and  their 
successors  in  office,  for  the  uses  and  purposes  in 
said  conveyances  mentioned. 

SEC.  2.     That  all  conveyances  of  property  that  Also  such  con- 
have  been  heretofore  or  that  shall  be  hereafter  veyancesmade  by 
made  by  the  trustees  of  said  community,  for  the  said  Tl'ustees- 
time  being,  duly  executed  by  them  in  the  manner 
prescribed  by  law,  shall  be  good  and  effectual  to 
convey   the   property   therein    described    to    the 
purchaser  or  purchasers  thereof,  and  shall  be  as 
obligatory  upon  said  trustees  and  their  successors 
in  office,  as  similar  conveyances  are  upon  the  grant- 
ors therein  named. 


SEC.  3.     That  all  suits  in  law  or  equity  brought  Suits  may  be 

y  ai 

id 


by  said  community  to  enforce  any  legal  claim  or  Bought  by  and 
demand,  or  to  recover  the  possession  of  any  prop-  Trustees!"0 
erty  to  them  belonging,  may  be  brought  and  prose- 
cuted to  final  judgment  and  execution  in  the  names 
of  the  trustees  of   said  community  for  the  time 
being:  and  any   legal    claim   or  demand    against 
said  community  may  be  in  like  manner  enforced  by 
making  said  trustees  for  the  time  being  defendants 
in  such  suits;  and  in  case  any  or  all  of  said  trustees  Such  guit  not  to 
during  the   pendency  of   any  such  suit  or  suits,  be  abated  by  the 
should  die  or  be  removed  from  office,  such  suit  or  ll''ilth  °L. rcmov^ 

,.         ,  ,  .  ,     or  anv  Trustee 

suits  shall  not  for  that  cause  abate,  but  such  death  during  the 
or  removal  being  suggested  upon  the  record,  said  pendency  thereof, 
suit  or  suits  may  be  prosecuted  to  final  judgment 
and  execution  by  or  against  their  successors  in  office. 


Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


20 


COURTS. 


CHAPTEK    XII. 

An  Act  in  addition  to  "An  Act  authorizing  the 
Superior  Court,  to  grant  Divorces." 

Powers  of  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

Superior  Court    sentatives  in  General  Assembly  convened,    That  the 

Di^rces  Superior  Court  shall  have  power  to  grant  a  divorce 

extended.  to  any  man  or  woman  lawfully  married,  for  habitual 

intemperance  or  intolerable  cruelty,  according  to 

the   provisions   and   mode  of  proceeding   in    the 

second,  third  and  fourth  sections  of  the  Act  to 

which  this  Act  is  an  addition. 

Approved.  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XIII. 

An  Act  in  alteration  of  an  Act  entitled  "an  Act 
for  constituting  arid  regulating  Courts,  and  ap- 
pointing the  times  and  places  of  holding  the 
same." 

Time  of  holding  SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
inTdr0fieidOUrt  °f  Representatives  in  General  Assembly  convened, 
County.  That  in  future  the  Superior  Court  for  the  County 

of  Fairfield,  shall  be  holden  on  the  first  Tuesday 
of  October,  annually,  instead  of  the  fourth  Tues- 
day of  September  ;  any  law  to  the  contrary  not- 
withstanding. 

Time  of  holding  SEC.  2.  That  in  future  the  County  Court  for 
n  said  County  of  Fairfield,  shall  be  holden  on  the 
second  Tuesday  of  December,  annually,  instead  of 
the  last  Tuesday  of  December ;  any  law  to  the  con- 
tra«7  notwithstanding, 
dookou  SEC.  3.  That  all  writs  and  processes  which 


COURTS.  21 


have  already  issued,  or  which  may  issue  before  the 
first  day  of  July,  1843,  made  returnable  to  the  said 
Superior  Court  on  said  fourth  Tuesday  of  Septem- 
ber next,  and  also  all  appeals  to  said  Court  which 
have  so  been  taken,  shall  be  entered  in  the  docket 
of  said  Superior  Court,  and  proceeded  with  in  the 
same  manner  as  if  the  same  were  made  returnable 
or  taken  to  said  Court  so  to  be  holden  on  the  first 
Tuesday  of  October  aforesaid.  , 

Approved,  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XIV. 

An  Act  in  addition  to  "  an  Act  for  constituting  and 
regulating  Courts,  and  for  appointing  the  times 
and  places  of  holding  the  same." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  no  county  commissioner  shall  be  disqualified  Relationship  to 
from  performing  the  duties  of  his  office,  in  any  case,  Par*!°8  not  todis' 

f  .....  *  .  qualify 

by  reason  of   any  relationship  he  may  sustain  to  County  Commis- 
either  of  the  parties  in  such  case.  sioners. 

SEC.  2.     That  whenever,  in  any  case,  by  reason  Duties  when  to 
of  the  disqualification,  refusal,  sickness  or  death  of  be,  discharged  by 

.  i  f     *,  .  .  .     .  other  commis- 

either  of    the  commissioners,   such   commissioner  8ioners. 
shall  fail  to  act,   then,  in  such  case,  the   duties  of 
the  commission  shall  be  discharged  by  the  other 
commissioners. 

SEC.  3.      That  the  oath  or  affirmation  to  be  ta- 
ken by  the  commissioners,  and  by  all  persons  who 
may  be  selected  as  aforesaid  to  act  as  such,  before 
entering  upon  the  duties  of  their  office,  shall  be  as 
follows:  "You  solemnly  swear,  (or  affirm,  as  the  case  Oath  required  to 
may  be,)  that  you  will  truly  and  faithfully,  and  ac-  be  taken> 
cording  to  your  best  skill  and  judgment,  perform 
the  duties  of  the  commission  to  which  you  are 
appointed :   so  help  you  God" 


22  COURTS. 

Repeal.  gEC.  4.     That  all  acts  or  parts  of  acts,  inconsis- 

tent with  the    provisions  of    this  act,  be,  and  the 
same  are  hereby  repealed. 

Approved,  June  7,  184-3. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XV. 

An  Act  in  addition  to  an  Act  entitled  "An  Act 
constituting  and  regulating  Courts,  and  appoint- 
ing the  times  and  places  for  holding  the  same." 

Be  it  enacted  5y  the  Senate  and  House  of  Repre- 
Bozrah  constitu-  sentatives  in  General  Assembly  convened,  That  the 
town  of  Bozrah  be,  and  hereby  is,  constituted  a 
Probate  District,  by  the  name  of  the  District  of 
Bozrah.  Provided,  however,  that  all  matters  or 
business  begun  or  entered  in  the  Court  of  Probate 
for  the  District  of  Norwich  shall  be  completed 
therein  in  the  same  manner  as  if  this  act  had  not 
been  passed. 

Approved,  June  3,  1843. 

CHAUNCEY  F.  CLEVELAND. 


ted  a  Probate 
District. 

Proviso. 


East  Lyme  con- 
stituted aF 

District. 


CHAPTER   XVI* 

An  Act  in  addition  to  an  Act  entitled   "  An  Act 
constituting  and  regulating  Courts,  and  for  ap- 
pointing the  times  and  places   of  holding  the 
same." 
Be  it  enacted  by  the  Senate  and  House  of  Rep- 

reacntativea  t»  General  Assembly  convened,  That  the 


COURTS. 23 

town  of  East  Lyme  be,  and  hereby  is  constituted 
a  Probate  District,  by  the  name  of  the  district  of 
East  Lyme.  Provided,  however,  That  all  matters  Proviso, 
or  business  begun  or  entered  in  the  court  of  Pro- 
bate for  the  district  of  New  London  shall  be  com- 
pleted therein,  in  the  same  manner  as  if  this  act 
had  not  been  passed. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XVII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  constituting  and  regulating  Courts,  and  for 
appointing  the  times  and  places  of  holding  the 
same." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly   convened,  Provisions  of  an 
That  the  provisions  of  the  ninth  section  of  the  act  Af  Passed  J841> 

•  i     i         A         »         •  i-  •  •  i     i    A       relating  to  con- 

cntitled  "  An  Act  in  addition  to  an  act  entitled  An  senators  of  luna- 
Act  for  constituting  and  regulating  Courts  and  for  tics,  &c.,exten- 
appointing  the  times  and  places  of   holding  the 
same,"  passed  May  Session,  1841,  relating  to  the 
appointment  of  conservators  of  lunatics,   idiots  or 
distracted  persons,  shall  be  extended  and  apply  to 
all  persons  who  by  age,  sickness,  or  from  any  other 
cause,  shall  become  incapable  of  taking   care    of 
themselves  or  managing  their  affairs. 

SEC.  2.     Be  it  further  enacted,  That  the  settle- Conservators' ac- 
ment  of  all  accounts  of  conservators  appointed  by  COUIIts'  settie- 

.,_  ~  iiii  r         i  tie          ments  where  to 

the  County  Courts,  shall  nereaiter  be  made  belore  be  made.     . 

the  Court  of  Probate  in  the  district  in  which  the 

ward  resides,  and  that  all  the  matters  appertaining 

to  conservatives  and  their  wards,  heretofore  within  Cognizance  of 

the  jurisdiction  of  the  County  Court,  shall  be  done  conservative  mat- 

,J         ,.  ii>i  !•        n  r  r»     i  ters  transferred  to 

and  performed  by  the  respective  Courts  of  Probate  courts  of  Probate 
in  the  district  where  the  ward  resides. 


24  COURTS. 

Doings  of  Courts       SEC.  3.     Be  it  further  enacted,  That  all  matters 

certain  rasescon-  a°d  proceedings  heretofore  had  before  any  Court 

firmed.  of  Probate  in  the  state,  relating  to  the  appointment 

of  conservators,  to  any  persons  named  in  this  Act, 

or  settling  their  accounts,  and  for  the  sale  of  lands, 

are  hereby  affirmed  and  declared  valid,  in  the  same 

manner  as  if  said  ninth  section  of  said  act  had 

originally  been  extended  in  the  same  manner  as  the 

same  is  extended  by  this  act. 

Other  acts  of  said  SEC.  4,  Be  it  further  enacted,  That  all  settle- 
Courts  confirmed.  mentg  Of  accounts  by  the  Courts  of  Probate  in  this 
state,  or  resignations  accepted  by  said  courts,  of  con- 
servators appointed  by  the  County  Courts,  are 
hereby  affirmed  and  declared  valid,  in  the  same 
manner  as  if  this  act  had  been  passed  at  said  May 
session,  1841. 

Repeal.  SEC.  5.     Be  it  further  enacted,  That  so  much  of 

the  act  passed  this  session  entitled  "  An  Act  in  ad- 
dition to  an  act  relating  to  Guardians  and  Minors," 
as  is  inconsistent  with  the  provisions  of  this  act,  be 
and  the  same  are  hereby  repealed. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XVIII. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  for 
constituting  and  regulating  Courts,  and  for  ap- 
pointing the  times  and  places  of  holding  the 
same." 

Rocky  Hill  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

coiwtitutedapert  sentatjves  jn  (}enerai  Assembly   convened,      That 

ot  the  1'robate        .1  /•  n       i        TT-II     t     n  i  ,«. 

District  of          the  town  of  Rocky  Hill  shall  be,  and  constitute  a 
Hartford.  part  of  the  Probate  District  of  Hartford. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND, 


COURTS. CRIMES  AND  PUNISHMENTS.  25 


CHAPTER  XIX. 

An  Act  regulating  proceedings  in  the  Court  of 
Probate. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,      That  in  „ 

11  u          u      1          •*  •  j      *U      J    *         f  *u      Publication  of 

all  cases,  where  by  law  it  is  made  the  duty  or  the  probate  notices. 
Court  of  Probate  to  direct  notice  to  be  given  by 
advertisement  in  a  public  newspaper,  such  notice 
may  be  published  in  any  newspaper  printed  in  the 
county  where  said  court  is  holden,  or  in  any  adjoin- 
ing county,  as  the  court  may  direct. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XX. 


An  Act  in  addition  to  an  Act  entitled  "An  Act 
concerning  Crimes  and  Punishments." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,    That  if  Persons  guilty  of 
any  married  person,  his  or  her  lawful  wife  or  hus-  ^e  cnme  of 

,     J   ,    ,     .  ,.  i     11  i  .      Bisamy  commit- 

band  being  alive,  shall  marry  any  other  person  in  ed  in  other  states, 
any  other  state  or  country,  in  violation  of  the  laws  if  residing  in 
thereof,  or  if  any  single  person  shall  in  any  other  punished  here.  * 
state  or  country,  in  violation  of  the  laws  thereof, 
marry  any  married  person,  his  or  her  lawful  wife  or 
husband  being  alive;  and  if  any  persons  so  unlaw- 
fully married  shall  come  into  this  state  and  here 
cohabit  and  live  together  as  man  and  wife,  every 
person  knowingly  offending  in  either  of  the  cases 
aforesaid,  shall  be  punished  by  imprisonment  in  the 
Connecticut  state  prison,  not  less  than  two  years 
nor  more    than  five  years.     Provided,  that  such  Proviso. 
4 


26  CRIMES  AND  PUNISHMENTS- DEEDS. 

marriage,  if  it  had  been  contracted  within  the  limits 
of  the  state  of  Connecticut,  would  have  been  in 
violation  of  the  laws  thereof. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXI. 

An  Act  in  alteration  of  an  Act  entitled  "An  Act 
concerning  Crimes  and  Punishments." 

Be  it  enacted  by  the  Senate  and  House  ofRepre- 
Discretionary  sentatives  in  General  Assembly  convened,  That 
power  of  Courts  whenever  any  person  under  the  age  of  seventeen 

in  sentencing  i     11  i  •          i   i  •        i  • 

Juvenile  Offend-  years  shall  be  convicted  by  any  court  in  this  state, 
e«-  of  an  offence  the  punishment  of  which  in  whole  or 

in  part  is  or  may  be  imprisonment  in  the  state 
prison,  it  shall  be  discretionary  with  such  court,  in 
lieu  thereof,  to  sentence  such  convict  to  imprison- 
ment for  the  same  term  in  the  county  jail  of  the 
county  where  such  conviction  is  had. 

Approved)  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER  XXII. 

An  Act  to  confirm  Deeds  and  Bonds. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
Deeds,  &c.,  and  sentatives  in  General  Assembly  convened,  That  all 
titTeCard  deeds  and  other  conveyances  of  real  estate,  and 
made  valid.  instruments  which  purport  to  have  been  intended 


ELECTIONS.  27 


as  bonds  with  or  without  condition  under  seal, 
which  have  been  executed  without  seal,  shall  be 
valid  as  though  the  same  had  been   sealed :  Pro-  Proviso. 
vided,  that  this  act  shall  not  affect  any  suit  now 
pending. 

Approved,  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND.       « 


CHAPTER  XXIII. 

An  Act  in  addition  to  an  Act  entitled  "An  Act  to 
regulate  the  election  of  Senators,  and  to  divide 
this  State  into  districts  for  that  purpose." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,    That  the  Rocky  Hill  to 
town  of  Rocky  Hill,  in  the  county  of  Hartford,  belong  to  the 
shall  be  and  remain  a  part  of  the  First  Senatorial  &*£?* 
District. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER   XXIV. 

An  Act  to  punish  Illegal  Voting. 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,    That  if  Penalty  for  Ille- 
any  person  shall  vote  for  Representative,  Senator,  £&1 
Sheriff,  or  Member  of  Congress,  in  any  town  where 
by  law  he  is  not  entitled  so  to  vote,  the  person  so 


28  EQUITY. 


unlawfully    voting,  shall   pay  a  fine  of  seventeen 
dollars  to  the  treasury  of  the  state. 

Approved,  May  27,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXV. 

An  Act  in  addition  to  an  Act  regulating  Proceed- 
ings in  Equity. 

SEC.   1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

In  cases  of  tempo-  That  whenever  any  temporary  injunction   shall  be 

rary    injunctions,  .•'       .     '       ,          r 

the  sales  of  per-  granted  to  restrain  the  sale  of  personal  property 
sonai  estate  lev-  levied  upon   by  virtue  of   any  writ  of  execution, 

ied  upon  bvexec-  .1         •    j  .•  !_'•'•''*• 

utioD,  to  be  ad-  the  Judge   or  court  grar.tmg  such  injunction  may 
joumed.  order  and  direct  the  officer  levying  such  execution, 

to  adjourn  such  sale  for  such  time  or  times  and  in 
such  manner  as  such  judge  or  court  shall  deem 
proper  ;  and  the  sale  of  such  property  shall  be  by 
said  officer  adjourned  accordingly. 

The  levying  offi-      gEC€  <%      When  any  such  injunction  has  been  or 

cer  may  ad]ourn     •     „    ,  ,         ..,/  u         j        r          j- 

such  sales  during  shall  be  granted   without  such  order  for  adjourn- 

the    continuance  ment,  the  officer  levying  sucli  execution  may  from 

lon>  time  to  time  whilst  such   injunction   shall  be  in 

force,  adjourn  such  sale  for  such  period  of   time 

as  the  circumstances  of    the  case  may    require ; 

and  whilst  such  sales  shall  be    so   adjourned  as 

aforesaid,  the  lien  created  by  such  levy  shall  be 

and  remain  in  full  force. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


FENCES.  29 


CHAPTER    XXVI. 

An  Act  in  addition  to  and  in  alteration  of  an  Act 
entitled  "  An 
mon  Fields." 


entitled  "  An  Act  concerning  Fences  and  Com- 


SEC.    1.      I3e  if.  enacted  by  the  Senate  and  House 
of  Representatives  in   General   Assembly    convened, 
That  whenever  there  is  not,  or  shall  not  have  been  Division  of  fen- 
a  division  fence  between   any   two  adjoining  pro-  ces'   how  to  ^ 
prietors,  whose  lands  are  otherwise  enclosed  in  sev- 
erally ;  or  when,  by  distribution,  sale  or  otherwise, 
a  particular  enclosure  shall  be  divided  between  two 
or  more  proprietors,  and  either  shall  desire  to  have 
a  division  fence  erected  between  him  and  the  adjoin- 
ing proprietor  or  proprietors,  and  the  parties   con- 
not  agree,  it  shall  be  lawful  for  any  two  of  the  fence 
viewers  of  the  town  where  such  land  is  situated — 
and  if  the  same  is  situated  in  more  than  one  town,  How  made,  when 
then  for  one  fence  viewer  from  each  town  in  which  the  l?nd?  are  sit~ 

...       •         .     ,  .  .,,....         ,.  „  .        uated     in     more 

it  is  situated  —  to  view  said  dividing  line,  first  giv-  than  one  town, 
ing  reasonable  notice  of   the  time  when  they  will 
meet  for  that  purpose,  to  said  proprietors ;    and  if 
said  fence  viewers  shall  deem  it  reasonable  that  such 
fence  should  be  erected  at  the  expense  of  each  of 
said  adjoining  proprietors,  they  shall  divide  and  stake  Fence  viewers  to 
out  said  line  and  assign  to  each  his  portion  thereof,  divide  the  line, 
and  fix  and   limit  a  time  within  which  the  fence  f0nr  the'1  erection 
thereon  shall  be  erected  ;  and  it  shall  be  the  duty  of  fences. 
of  each  proprietor  to  erect  on  the  portion  of  said 
line  so  set  to  him,  a  lawful  fence.     And  if  either 
of  said  proprietors  shall  make  his  portion  of  said 
fence,  and  the  other  proprietor  or  proprietors  shall 
neglect  to  build  his  or  their  portion,  within  the  time  On  neglect  of  el- 
limited  as  aforesaid,  said  fence  viewers  may  build  ther  proprietor, 
the  same,  or  may  authorize  or  direct  the  proprietor  ^  maTerea "the 
who  has  erected  his  portion,  to  build  the  same,  and  fence,  &c. 
when  said  fence  is  so  built,  by  said  fence  vieijtfers, 
or  by  said  proprietor,  they  or  he  may  recover  the 

expense  thereof,  and  the  fees  of  the  fence  viewers  ^.m<)(Vv  a£aiHSl; 
•         n  .  <•    i    •  i  •  defaulting  pro- 

thereior,  m  an  action  of  deot  on  tms  statute.  prietors. 


30  FENCES. 

Division  of  exis-  gEC.  2.  Whenever  by  sale,  distribution,  parti- 
tion or  otherwise,  a  particular  enclosure  shall  ber 
or  has  been  divided  between  one  or  more  proprie- 
tors, and  the  parties  interested  cannot  agree  re- 
specting a  division  of  the  existing  fences,  it  shall 
be  lawful  for  any  owner  of  any  such  divided  por- 
tion of  such  enclosure,  to  call  out  any  two  of  the 
fence  viewers  in  the  town  where  such  fences  are 

How  made  and  situated  j    and  if  the  same  are  situated  in  two 

apportioned.  iownS)  one  of  said  fence  viewers  shall  be  from 
each  town,  —  and  said  fence  viewers  shall  view 
said  lines  of  division  fence,  and  make  such  divis- 
ions and  apportionments  thereof  as  may  be  neces- 

Award  of  Fence  sary  to  do  justice  to  au  tjie  parties,  and  shall  award 


viewers ; 


that  such  of  the  parties  pay,  and  such  others  re- 
ceive such  sums,  as  in  the  judgment  of  such  fence 
viewers  shall  be  just  and  reasonable,  to  be  recover- 
To  be  in  writing  ed  in  an  action  of  debt.  Such  award  shall  be  in 
and  recorded.  writing,  signed  by  said  fence  viewers,  describing 
such  division  and  apportionments,  and  limiting  a 
time  for  the  payment  of  the  sums  awarded,  and 
shall  be  recorded  in  the  records  of  the  town  or 
towns  where  such  fences  are  situated.  And  said 
apportionments  and  award  shall  not  be  invalid,  in 
consequence  of  any  inaccuracy,  if  the  location  of 
such  division,  the  respective  parties  and  the  sums 
awarded,  can  be  understood. 

How  to  proceed,      SEC.  ^'     ^  sna^  not  De  lawful  for  any  person  to 
when  enclosures  throw   his  or  her  enclosure  open  to  the  commons 

open^Ihe'cor.  without  the  assent  of  a  majority  of  the  fence  view- 

mons.  ers  of  the  town  or  towns  where  the  same  is  situa- 

ted, in  writing  first  obtained  and  recorded  in  said 
town  or  towns. 

Common  field*         SEC.  4.     Nothing  herein  contained  shall  extend 

vroSfrtlu  to  ^closures  in  common  fields. 

Act.  SEC.  5.  So  much  of  the  Act  to  which  this  is  in 

addition  and  alteration  as  is  inconsistent  herewith, 
is  hereby  repealed. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


FENCES. FISHERIES.  31 


CHAPTER  XXVIf. 

An  Act  in  addition  to  an  Act  entitled   "  An  Act 
concerning  Fences  and  common  Fields." 

SEC.   1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  in  making  a  worm  or  crooked  rail   fence  be-  Wormfence,h«w 
tween  adjoining   proprietors,  each  proprietor  shall  lobeset- 
be  allowed  to  set  one  half  of  the  width  on  each  side 
of  the  dividing  line,  upon  the  land  of  the  adjoin- 
ing proprietor ;  provided  it  does  not  exceed  three  Proviso> 
feet  from  the  dividing  line. 

SEC.  2.     So  much  of  the  second  section  of  the  Repeal, 
act  to   which  this  is  an  addition  and  alteration  as 
is  inconsistent  with  the  provisions  of  this  act,  be, 
and  the  same  is  hereby  repealed. 

Approved,  June  6,  1843. 

* 
CHAUNCEY  F.  CLEVELAND, 


CHAPTER    XXVIII. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
encouraging  and  regulating  Fisheries." 

Be  it  enacted  by  the   Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That  if  Use  of  Net*  in 
any  person  or  persons  shall  set,  use  or  draw  any  Ousatonic  river, 
drift,  drag  or  gill  net,  or  aid  or  assist  therein,  in,  foroTfansT 
upon  or  across  any  part  of  the  Ousatonic  river,  prohibited, 
below  New  Milford  falls  in  said  river,  at  any  time 
between  the  first  day  of  April  and  the  first  day  of 
July  in  each  year,  such  person  or  persons  shall  for- 
feit and   p.-iy  a  fine  of  fifty  dollars  to  the  treasury  Penalty. 
of  the  county  where  the  offence  shall  be  commit- 
ted.    And  every  such  drift,  drag  or  gill  net  so  set,  Nets  $<»  set  to 


FOREIGN    ATTACHMENT. 


be  deemed  nuis-  used  or  drawn  in  said  river,  contrary  to  the  provis- 

y  ions  of  this  act>  sha11  be  deemed  a  common  nuis- 
ance, and  may  be  taken,  abated  or  destroyed  by 
any  person  or  persons  as  such. 

Approved,  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER  XXIX. 

An  Act  extending  Process  of  Foreign  Attachment, 

SEC.   1.     Be  it  enacted  by  the  Senate  and  House  of 

Representatives  in  General  Assembly  convened,  That 

The  concealed  ef-  whenever  the  goods  or  effects  of  a  debtor  are  con- 

fects,  &c.ofa      cealed  in  the  hands  of  his  attorney,  agent,  factor  or 

debtor,  snb]ected  ,        /•          i 

to  the  process  of  trustee,  so  that  they  cannot  be  found  or  come  at  to 
Foreign  Attach-    be  attached,  or  where  debts  are  due  from  any  per- 
son to  a  debtor,  it  shall  be  lawful  for  any  creditor 
to  bring  his  action  against  such  debtor,  and  insert 
in  his  writ  a  direction  to  the  officer  to  leave  a  true 
and  attested  copy  thereof,  at  least  fourteen  days 
before  the  session  of  the  court  to  which  it  is  return- 
able, with  such  debtor's  attorney,  agent,  factor, 
trustee,  or  debtor,  or  at  the  place  of  his  or  their 
Copy,  how  and    usual  abode  ;  and  it  shall  be  the  duty  of  the  officer 
when  to  be  left,    serving  such  writ  to  leave  a  copy  thereof  according 
to  such  direction,  and  from  the  time  of  leaving  such 
Goods, &c.,there-  copy,  all  the  goods  and  effects  in  the  hands  of  such 
g-  attorney,  agent,  'factor,  or  trustee,  and  any  debt  due 
=  from  such  debtor  to  the  defendant,  shall  be  secured 
in  their  hands  to  pay  such  judgment  as  the  plaintiff 
shall  recover,  and  may  not  otherwise  be  disposed 
of  by  such  attorney,  agent,  factor,  trustee  or  debtor. 
Manner  of  pro-      St:c.  2.     That  the  proceedings  under  the  above 
ceeduig*.  section  of  this  act  shall  be  the  same  as  are  prescri- 

bed by  the  act  entitled  "  An  Act  authorizing  the 
coFection  of  debts  by  Foreign  Attachment,"  and 
the  sveeral  acts  in  addition  thereto  and  alteration 


GUARDIANS.  33 


thereof,  and  nothing  in  this  act  shall  be  construed 
to  authorize  the  taking,  by  virtue  of  any  foreign  at- 
tachment, any  debt  under  ten  dollars  which  shall  Debts  under  ten 
have  accrued  by  reason  of  the  personal  services  or  <j"hiirs'  •C6»*" 

J  for  personal  ser- 

labor  01  the  person  to  whom  tne  same  may  be  due  ;  vices,  excepted. 
and  when   the  debt  due  as  aforesaid  to  the  debtor 
in  the  process  of  foreign  attachment  exceeds  ten  dol-  Excess  over  that 
lars,  the  excess  over  that  sum  only  shall  be  taken,    taken?"  y> ' 


Approved,  June  7,  1S43. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXX. 

An  Act  in  addition  to  the  Act  entitled  "An  Act 
relating  to  Guardians  and  Minors." 

SEC.   1.     Be  it  enacted  by  the  S  nate  and  House 
of  Kejtife$entativfi  in    General  Assembly  convened, 
That  it  shall  be  the  duty  of  all  guardians  of  minors  Guardians  to 
to  render  their  accounts  against   their  wards  for  rencler  lheir««> 

.   .  •       i  c       i        counts  annually. 

adjustment,  together  with  the  particulars  01  the 
estate  of  such  wards,  before  the  Courts  of  Probate 
respectively  having  cognizance  thereof,  at  least 
once  in  every  year  during  the  continuance  of  their  _ 

..         ,.•'•'..  ..  i     ti   i  Court  when  to 

guardianship :  and  in  case  any  guardian  shall  have  m  tke  order 
neglected  to  render  his  account  and  statement  as  therefor, 
aforesaid,  it  shall  be  the  duty  of  said  court  to  make 
order  therefor. 

SEC.  2.  Be  if,  farther  enacted,  That  whenever  Balances  how 
it  shall  appear,  on  the  adjustment  of  the  account  of  disp<>s(>d  Of  and 
any  guardian  as  aforesaid,  that  there  is  a  balance 
of  the  money  of  the  ward  in  the  hands  of  such 
guardian,  it  shall  be  the  duty  of  the  Court  of  Pro- 
bate to  order  such  guardian  to  place  the  same  at 
interest,  in  the  name  of  the  ward,  on  good  mortgage 
security  of  at  least  double  the  value  of  the  amount 
lent  on  such  mortgage,  or  by  deposite  in  some 
savings  bank  in  this  state,  or  to  lay  out  the  same  in 
5 


GUARDIANS.  -  JURYMEN. 


the  nurture,  education,  or  advancement  in  marriage 
of  such  minor,  as  the  Court  of  Probate  shall  direct 
or  approve,  and  to  render  his  account  thereof  at 
such  time  as  such  court  shall  prescribe. 

Account  of  sales,       SEC-  3-     That   a]l   persons  appointed   by    the 
&c.,  to  be  made  Court  of  Probate  to  sell  the  lands  of  minors,  who 

annually.  nave  gojd  the  Sam6j  sjm]j    rencler    to    tne    Court    of 

Probate,  once  in  each  year,  his  or  her  account 
against  his  or  her  ward,  together  with  the  particu- 
lars of  the  fund  or  property  in  his  or  her  hands.  — 
And  if  the  person  so  authorized  to  sell  shall  neglect 
annually  to  render  such  account,  it  shall  be  the 
duty  of  said  Court  to  make  an  order  directing  him 
or  her  so  to  render  his  or  her  account. 

Conservators,  SKC.  4.    All  conservators  appointed  by  the  Court 

when  and  where  of  Probate  or  County  Court,   shall  render  annually 

to  the  court  where  they  were  respectively  appoint- 

ed, his  or  her  account  with  his  or  her  ward,  and  of 

the  particular  situation  of  the  ward's  estate. 

Approved,  June  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXI. 

An  Act  in  addition  to  and  alteration  of  an  Act 
entitled  "  An  Act  prescribing  the  number  of  Ju- 
rymen for  each  town  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in   General  Assembly  convened,     That 
Number  of  Jury,  the  town  of  Westport  in  the  county  of  Fairfield, 

meninWestport.  gj^jj  ^  &nd  jg  hereby  entit]ed  to  select  nme  Jury. 

men  and  no  more,  in  the  manner  and  for  the  pur- 
poses prescribed  in  the  Act  regulating  Civil  Actions ; 
and  the  town  of  Fairfield  shall  be  entitled  to  thirteen 
Fair"  Jui7men  and  no  more  ;  any  law  to  the  contrary 
notwithstanding. 

Approved,  June  6,  1843. 
•?  *  CHAUNCEY  F.  CLEVELAND. 


JU  HYMEN. JURORS.  35 


CHAPTER     XXXII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
prescribing  the  number  of  Jurymen  for  each 
town  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Itep- 
rcscnfutivcs  in    General  Aswnbl.i)  convened,     That  Number  of  Jury- 
the  town  of  Rocky  Hill,  in  Hartford  county,  shall  JgJ* 
be,  and  is  hereby  entitled  to  select  six  jurymen  and 
no   more,  in  the  manner  and  for  the  purposes  pre- 
scribed in   the  act  regulating  Civil   Actions ;  and 
that  the  town  of  Wethersfield  shall  hereafter  be  en-  Number  in 
titled  to  select  twelve  jurymen,  and  no  more.  Wethersfield. 

Approved,   June  7,   1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXIII. 


An  Act  in  alteration  of  an  Act  entitled  "  An  Act 
concerning  Grand  Jurors." 

Be  it  enacted  by  the  Senate  and  House  of  Ttcp- 
resentativcs    in   General  Assembly  convened,     That  Three  Grand  Ju- 
any  three  grand  jurors  of  any  town  may  and  shall  rors  to  cons!itlute 

.  J        ,,       .          J  *  a  quorum  With 

have  and  exercise  all  the   powers  granted  to   the  rui  powers. 
whole  of  the  grand  jurors  of  any  town,  by  virtue  of 
the  sixth  section  of  an  act  entitled  "  An  Act  relating 
to  Grand  Jurors." 

Approved,  Junel,  1843. 

'     CHAUNCEY  F.  CLEVELAND. 


36  MILITIA. 


CHAPTER    XXXIV. 

An  Act  in  addition  to  and  alteration  of  sundry 
Acts  for  forming  and  conducting  the  Military 
Force. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 

ocd       ~       ^hat  the  Provisions  of  tne  Act  of  1832>  to  which 
military  conimis-  tnis  ls  m  addition,  empowering  the  Captain  General 
»ions  during         to  grant  commissions  to  persons  chosen  to  office 
in  companies  organized  during  the  recess  of  the 
General  Assembly,  be  extended  to  officers  chosen 
by  any  company  of  militia  in  this  state. 

Retum§  to  be  SEC.  2.     Returns  of  officers  of  military  compa- 

made  to  the  Ad-  nies  chosen  during  the  recess  of  the  General  As- 
sembly, shall  be  made  to  the  Adjutant  General; 
and  if  within  fifteen  days  there  shall  be  no  objec- 
tions or  remonstrance  to  the  same,  commissions 
may  be  granted  as  aforesaid. 

Remonstrances  to      gEC.    3.     That  in   case  of  any  remonstrance 

be  referred  to  the  A-  .     -  re- 

Major  General,  against  granting  commissions  to  officers  chosen 
during  the  recess  of  the  General  Assembly,  the 
same  shall  be  referred  to  the  Major  General  com- 
manding the  division  in  which  the  election  was 
held;  who,  after  having  first  given  notice  to  all 
persons  interested,  shall  hear  and  decide  in  the 
matter  of  said  choice,  and  if  found  to  be  illegal, 
order  a  new  election. 

SEC.  4.  That  so  much  of  the  acts  for  forming 
and  conducting  the  Military  Force  as  is  inconsistent 
with  the  provisions  of  this  act  be  and  the  same  is 
hereby  repealed. 


Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND, 


RAILROADS.  37 


CHAPTER    XXXV. 


An  Act  relating  to  the  Housatonic  Railroad 
Company. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  Housatonic  Railroad  Company  be,  and  Company  author- 
it  is  hereby  authorized,  for  the  purpose  of  discharg-  iz?d  to  sel1  for- 
ing  its  liabilities,  to  sell  or  dispose  of  all  or  any  part  e  *  '  "' 
of  its  surplus  and  forfeited  stock,  in  such  way  and 
at  such  rates,  and  on  such  terms  as  shall  be  deter- 
mined on  by  the  stockholders  of  said  Company,  at 
a  special  meeting  to  be  called  for  that  purpose  by 
the  board  of  directors,  notice  of  which  meeting 
signed  by  the  secretary,  shall  be  given  by  publica- 
tion thereof,  at  least  ten  days  inclusive,  before  the 
day  of  holding  such  meeting,  in  the  newspapers 
published  in  Bridgeport  and  Litchfield.  Provided,  Proviw. 
That  no  part  of  said  surplus  and  forfeited  stock 
shall  be  sold  at  a  less  rate  than  fifty  dollars  per  share, 
and  that  the  amount  of  such  sales  shall  be  sufficient 
to  redeem  the  whole  amount  of  notes  outstanding 
against  said  company,  certified  by  the  commission- 
ers on  said  road  :  and  that  the  avails  of  such  sales 
shall  be  placed  in  the  hands  of  said  commissioners, 
and  be  by  them  applied  to  the  redemption  of  such 
certified  paper;  and  provided  further,  that  such  sale 
shall  be  made  and  completed  on  or  before  the  first 
day  of  September  next. 

SEC.  2.  And  be  it  further  enacted,  That  the 
purchasers  of  so  much  of  said  surplus  and  forfeited 
stock  as  shall  be  sold  in  pursuance  of  this  act,  shall 
be  entitled  to  a  dividend  of  three  and  a  half  per  Rate  of  dividend 
cent,  annually,  payable  in  semi-annual  dividends 
out  of  the  net  earnings  of  said  road  before  any 
dividend  shall  be  declared  or  paid  to  the  other 
stockholders  of  said  company. 

SEC.  3.  Be  it  further  enacted,  That  in  case 
said  stock  of  said  Company  is  not  disposed  of  prior 
to  said  first  day  of  September,  as  herein  before  pro- 


38  KAIL  HO  ADS. 


vided,  and  said  Company,  shall  not  at  that  time 

have  redeemed  the  entire  amount  of  certified  paper 

issued  by  said  Company,  or  provided  for  the  same 

to  the  satisfaction  of  the  holders  thereof,  it  shall  be 

Commissioners,    tne  duty  °f  tne  commissioners  on  said  road,  to  sell 

how  and  when  to  for  cash  on  or  before  the  first  day  of  December  next, 

sell  the  property  ^    wnoje  of  tne  property  vested  in  them  for  the  re- 

ot  the  Company.  ] '         •> 

demption  of  said  certified  paper,  or  so  much  thereof 
as  shall  be  necessary  to  redeem  the  same,  agreea- 
bly to  the  provisions  of  the  acts  now  in  force  rela- 
ting to  said  Housatonic  Railroad  Company,  and 
shall  forthwith  apply  the  avails  to  the  redemption 

Avails,  how  to  be  rr  j 

applied.  oi  said  paper. 

SEC.  4.     And  be  it  further  enacted,  That  in  the 
event  of  a  sale  of  the  property  of  said  company,  or 
any  part  thereof,  by  the  commissioners,  by  virtue 
of  the  provision  of  the  act,  entitled  "An  act  to  aid 
in  the  construction   of  the  Housatonic    Railroad," 
and  the  act  in  addition    thereto,   the    purchasers 
Company  how  or-  thereof  shall  have  the  right  to  organize  a  company 
ganizcd,  in  event  according  to  the  provisions  of  a  statute  law  of  this 
state,  entitled  "  An  act  relating  to  Joint  Stock  Cor- 
porations," entitled  to  all  the  privileges  and  subject 
to  all  the  liabilities  specified  in  said  act.     The  cap- 
Capital  atock,      ita^  stock  of  said  Company  may  consist  of  any 
number  of  shares  of  one  hundred  dollars  each,  not 
exceeding  the  capital  stock  of  the  Housatonic  Rail- 
road Company. 

SEC.  5.  Be  it  further  enacted,  That  so  much 
of  the  act  passed  May,  1 839,  or  of  any  other  act, 
as  authorizes  said  Housatonic  Railroad  Company 
Banking  powers  to  issue  notes  payable  on  demand,  intended  for  cir- 
of  said  Company  culation,  or  to  utter,  issue,  or  emit  any  bill  of  cre- 
dit, or  make  or  endorse  any  bond,  promissory  wri- 
ting or  note,  bill  of  exchange,  or  order  to  be  issued 
as  a  general  currency  ormedium  of  trade,  as  in  lieu 
of  money,  be  and  the  same  is  hereby  repealed  ; 
and  this  act  may  at  any  time  be  altered,  amended 
or  repealed  by  the  General  Assembly. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


RAILROADS.  39 


CHAPTER    XXXVI. 

An  Act  in  addition  to  an  Act  entitled  "An  Act  to 
aid  in  the  construction  of  the  Housatonic  Rail- 
road." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  commissioners  appointed  upon  said  road,  Bond  to  be  given 
pursuant  to  the  act  to  which  this  is  in  addition,  by  Commission- 
shall,  before  entering  upon  the  duties  of  their  ap-  J£  jjJjJjfthJ 
pointment.  give  bond  to  the  Treasurer  of  this  State  SuperiorSCourt. 
in  the  sum  of  forty  thousand  dollars,  with  one  or 
more  sufficient  sureties,  conditioned  for  the  faithful 
discharge  of  their  duties  as  commissioners  as  afore- 
said,  which  said  bond  shall  be  approved  by  one  of 
the  Judges  of  the  superior  court,  before  the  same 
shall  be  effectual ;  and  a  failure  to  give  such  bond  On  failure,  office 
within  thirty  days  after  the  rising  of  this  Assembly  to  become  vacant, 
shall  be  deemed  a  refusal  to  accept  said  appoint- 
ment. 

SEC.  2.     Before  said  bond  shall  be  approved  by 
such  judge,  five  days  notice  shall  be  given  to  the  Notice  to  be 
president  of  said  corporation  to  appear  before  said  ^prova! J™ 
judge  at  such  time  and  place  as  shall  be  designated, 
to  be  heard  relative  to  the  sufficiency  of  the  pro- 
posed sureties  on  such  bond. 

SEC.  3.     In  case  of  a  breach  of  said  bond,  suit  «  , 

.       Provision  for 

may  be  brought  in  the  name  of  such  Treasurer,  in  breach  ofbond. 
any  county  where  either  of  the  obligors  reside,  for 
the  benefit  of  all  persons  interested  in  the  subject 
matter  thereof. 


Approved,  June  7,   1843. 

CHAUNCEY  F.  CLEVELAND. 


40  SCHOOLS. SECRKTAKY. 


CHAPTER     XXXVII. 

An  Act  in  addition  to  an  Act  relating  to  Common 
Schools. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  in    General  Assembly   convened,     That 
On  division  of  a  wnenever  anv  school  district  shall  be  divided  ac- 
Schooi  District,    cording  to  the  provisions  of  the  1 3th  section  of  "An 
the  property        ^cl  re|ating  to  Common  Schools,"  and  the  only  or 

thereof  how  ...  /•      •  i    i-       •         i     11  •          f 

divided.  principal  property  or  said  district  shall  consist  of  a 

school  house  and  real  estate  therewith  connected, 
which  cannot  be  divided  between  the  several  parts 
of  such  district  without  great  inconvenience,  the 
committee  of  the  school  society,  instead  of  dividing 
such  school  house  and  real  estate,  shall  set  such 
school  house  to  one  part,  and  award  that  the  other 
part  or  parts  shall  receive  from  the  part  to  which 
such  school  house  and  real  estate  is  set,  such  sum  of 
money  as  shall  in  the  judgment  of  such  committee 
be  just  and  right ;  and  such  award  shall  be  binding 
upon  the  several  parts  of  such  district. 

Approved,  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXVIII. 

"    '*''•' 

An  Act  in  addition  to  and  in  alteration  of  an  Act 
entitled  "  An  Act  relating  to  the  office  and  duty 
of  the  Secretary  of  the  State." 

Be  it  enacted  by  the  Senate  and  House  ofRepre- 
o  th          sentatives  in  General  Assembly  convened,  No  pub- 
State,  how  to  be  hcation  of  the  laws  of  the  state,  by  the  publisher 
published  in        of  any  newspaper,  shall  be  deemed  a  compliance 
wspaper8'       with  the  second  section  of  the  act  to  which  this  is 
in  addition  and   in  alteration,  unless  the  said  laws 
are  published  in  the  columns  of  said  newspaper,  in 


SOCIETIES.  41 


the  regular  edition  thereof,  and  in  every  number  of 
the  edition  in  which  said  laws  or  any  of  them  are 
published,  and  in  the  usual  type  in  which  the  read- 
ing matter  of  such  paper  is  printed;  and  that  one 
copy  of  each  number  or  paper  so  printed  shall  be 
transmitted  to  the  Secretary  of  this  State. 

Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XXXIX. 

An  Act  in  addition  to  an  Act  relating  to  Religious 
Societies  and  Congregations. 

]3e  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,    That  Societypriviieges 
Jews  who  may  desire  to  unite  and  form  religious  extended  to 
societies,  shall  have  the  same  rights,  powers  and 
privileges  which  are  given  to  Christians  of  every 
denomination  by  the  act  to  which  this  is  in  addition, 
and  the  several  acts  in  addition  thereto  and  altera- 
tion thereof. 

Approved ',  June  G,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XL. 

An  Act  in  addition  to  an  Act  entitled  "An  Act 
relating  to  Religious  Societies,  and  Congrega- 
tions. 

Whereas,   Doubts  have  arisen  in  the  minds  of 
6 


42  TAXES. 

some  whether  the  Methodist  Episcopal  Societies 
in  this  state  have  been  legally  organized : 

Be  it  therefore  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
Doings  of  Meth-  That  the  acts  which  have  been  done  by  ecclesiasti- 
odist  Societies      cal  societies   of   this  state,  organized    under  the 
Methodist  Episcopal  order,  or  under  the  Protestant 
Methodist  order,  according  to  the  rules  and  disci- 
pline of  said  societies,  shall  be  good  and  effectual 
in  law,  as  the  acts  of  societies  legally  organized 
under  the  act  to  which  this  is  in  addition. 

Approved,  June  6,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XLI. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  for 
the  assessment  of  Taxes." 

SEC.  1.  Beit  enacted,  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
Cashiers,  &c.  That  the  cashiers  of  the  several  banks  and  the  see- 
when  and  how  letaries  and  clerks  of  the  several  insurance  and 
sorsof taxable"  turnP»ke  companies  established  in  this  state  shall, 
stock,  &c.  by  the  twelfth  day  of  October,  annually,  inform  by 

mail  or  otherwise,  the  assessor  or  assessors  of  every 
town  in  this  state,  where  the  stock  in  such  bank  or 
company  may  by  law  be  liable  to  be  taxed,  the 
amount  of  such  stock  liable  to  be  taxed  in  such 
town,  with  the  amount  of  such  stock  set  to  the  name 
of  each  owner  or  owners  thereof  on  the  books  of 
such  bank,  or  insurance  or  turnpike  company,  so 
far  as  the  residence  of  such  owner  or  owners 
may  be  known  to  said  cashier,  secretary  or  clerk, 
on  the  first  Monday  of  October,  annually  ;  and  if 
any  cashier,  secretary  or  clerk,  shall  neglect  or  re- 
fuse to  furnish  such  information,  he  shall  forfeit 
and  pay  to  the  treasurer  of  each  town  where  said 


TAXES.  43 

stock  is  liable  to  be  taxed,  whose  assessor  or  asses- 
sors shall  not  be  so  informed,  the  sum  of  fifty  dol-  Penalty  for  neg- 
lars,  to  be  recovered  in  an  action  of  debt  in  the  lectorrefusai- 
name  of  the  town  treasurer :  Provided,  that  putting  proviao. 
a  letter  into  the  post-office   containing  such  infor- 
mation, addressed  to  the  assesessor  or  assessors  of 
any  town  where  such  owner  or  owners  reside,  shall 
be  deemed  to  be  a  compliance  with  the  provisions 
of  this  section. 

SEC.  2.  That  if  any  owner  or  owners  of  any 
share  or  shares  of  the  capital  stock  of  any  bank  in 
this  state,  shall  transfer  such  share  or  shares  to  any 
other  person  or  persons,  with  the  intent  of  evading 
the  provisions  of  the  act  to  which  this  is  an  addition, 
such  owner  or  owners  shall  forefeit  and  pay  to  the  Penalty  for  eva- 
treasurer  of  the  town  in  which  he,  she  or  they  sive  transfer  of 

*4tOf*K 

reside,  a  sum  equal  to  one  per  cent,  of  the  rateable 
value  of  the  share  or  shares  of  stock  so  transferred, 
to  be  recovered  in  an  action  of  debt  on  this  statute, 
before  any  court  proper  to  try  the  same. 

SEC.  3.     So  much  of  the  act  to  which  this  is  an  Repeal, 
addition  as  is  inconsistent  with  the   provisions   of 
this  act  is  hereby  repealed ;    Provided,  that  this 
act  shall  not  affect  any  penalty  already  incurred, 
or  any  suit  or  action  now  pending. 

Approved,  June  3,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER    XLII. 

An  Act  confirming  the  doings  of  the  Assessors 
and  Board  of  Relief,  in  certain  cases 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,   That  the  Reviving  an  Act 
several  provisions  of  the  act  passed  in  1833  entitled  of  18f3'  a5ld 

r.          II*.  A  •  i     i      «          >         extending  ita 

"An  Act  in  addition  to  an   Act  entitled  An  Act  provisions. 
providing  for  the  collection  of  Taxes,"  be,  and  the 


44  TAXES. 


same  are  hereby  re-enacted  and  extended  to   all 
cases  to  which  the  same  would  be  applicable,   if 
said  act  were  now  for  the  first  time  enacted  :  Pro- 
vided,  That  no  claim  which  is  the  subject  of  any 
suit  or  action  now  pending,  shall  be  in  any  manner 
affected  by  the  provisions  of  this  act. 
i .  j^l»  __ .( ft  i .  . 
Approved,  Jane  2,  1843. 

CHAUNCEY  F.  CLEVELAND. 


CHAPTER  XLIII. 

An  Act  in  alteration  of  an  Act  entitled  "An  Act 
for  the  assessment  of  Taxes." 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  so  much  of  the  second  section  of  the  act  of 
Repeal.  which  this  is  an  alteration,  as   provides  that  the 

polls  of  all  white  male  persons  from  twenty  one  to 
seventy  years  of  age,  shall  be  set  in  the  list  at 
twenty  dollars  each,  be,  and  the  same  hereby  is 
repealed. 

SEC.  2.     That  the  polls  of  all  white  male  per- 

i  oils,  how  to  be  „  r  L    n 

set  in  the  list,     sons  from  twenty-one  to  seventy  years  of  age,  shall 
be  set  in  the  list  at  ten  dollars  each. 


Approved,  June  7,  1843. 

CHAUNCEY  F.  CLEVELAND. 


TOWNS. 


CHAPTER    XLIV. 

An  Act  to  make  valid  the  doings  of  a  Town  meet- 
ing therein  named. 

Whereas,  the  town  of  Berlin,  at  the  annual  meet-  Preamble, 
ing  of  said  town,  on  the  first  Monday  of  October, 
A.  D.,  1842,  did  choose  and  appoint  the  usual 
number  of  selectmen  for  said  town,  for  the  year  then 
next  ensuing,  viz:  Edwin  Barnes,  Elijah  Hart  and 
Benjamin  Wilcox,  Esquires,  —  and  whereas  the 
said  Edwin  Barnes  has  removed  from  said  town, 
and  it  has  pleased  Providence  to  remove  the  said 
Benjamin  Wilcox  by  death,  leaving  but  one  select- 
man for  said  town,  to  wit  —  the  said  Elijah  Hart, — 
and  whereas,  at  a  meeting  warned  by  the  said  Eli- 
jah Hart,  then  sole  selectman  for  said  town  of  Ber- 
lin, warned  in  all  other  respects  according  to  the 
requirements  of  law,  and  holden  at  the  usual  place 
of  holding  said  meetings  in  said  town,  on  the  22d 
day  of  May,  1843,  Samuel  Hart,  2d,  and  Shubael 
Risley  were  chosen  and  appointed  by  a  majority  of 
the  electors  present  at  said  meeting,  selectmen  to 
fill  the  said  vacancies  until  the  next  annual  meeting 
of  said  town,  —  now,  therefore,  — 

J3r;  it  enacted  by  (he  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened :  That  none  Doings  of  town- 
of  the  doings  of  the  said  meeting  of  the  said  town  ™eetin|  in  ^er- 
of  Berlin,  so  warned  and  holden  at  said  Berlin  on 
the  22d  day  of  May,  A.  D.  1843,  relative  to  the 
choosing  and  appointing  said  two  selectmen,  shall 
be  deemed  invalid  because  the  said  meeting  was 
warned  by  one  selectman,  but  such  meeting,  and 
all  their  doings,  if  in  other  respects  regular  and 
conformable  to  law,  shall  and  are  hereby  declared 
to  be  valid,  and  the  said  selectmen  duly  chosen  and 
appointed. 

Approved,  June  6,  1S43. 

CHAUNCEY  F.  CLEVELAND. 


46  TOWNS. 


CHAPTER    XLV. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
accepting  the  Deposite  of  a  portion  of  the  surplus 
Funds  belonging  to  the  United  States,  providing 
for  the  safe-keeping  thereof,  and  appropriating 
the  Interest  accruing  therefrom  for  the  promo- 
tion of  Education  and  other  purposes." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
treasurers  of  the  several  towns  in  this  state  be,  and 
they  are  hereby  authorized,  upon  the  receipt  in  full 
of  the  principal  and  interest  of  any  loan  of  any  part 
of  the  town  deposite  fund,  with  the  assent  of  the 
managers  of  said  fund  for  such  town,  to  execute  an 

Town  Treasurers 

authorized  to  as-  assignment  oi  any  security  held  for  such  loan,  and 

sign  mortgage^  in  convey  to  such  assignee  the  legal  title  to  the  prem- 

ses>       ises  mortgaged  to  secure  the  payment  of  such  loan. 


Approved,  June  '2,  1S43. 

CHAUNCEY  F.  CLEVELAND. 


PROPOSED    AMENDMENT   OF    THE    CONSTITUTION.  47 


PROPOSED  AMENDMENT  OF  THE 
CONSTITUTION. 

At  a  General  Assembly  of  the  State  of  Connect- 
icut, holden  at  Hartford  on  the  first  Wednesday  of 
May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-three  : 

Resolved,  That  the  following  be  proposed  as  an 
amendment  of  the  Constitution  of  this  State,  as  a 
substitute  for  the  second  section  of  the  sixth  arti- 
cle of  the  Constitution,  and  of  the  amendments  of 
said  second  section ;  which  proposed  amendment 
when  approved  and  adopted  in  the  manner  prescri- 
bed by  the  Constitution,  shall  be  to  all  intents  and 
purposes  a  part,  thereof,  to  wit : 

Every  white  male  citizen  of  the  United  States, 
who  shall  have  attained  the  age  of  twenty-one 
years,  who  shall  have  resided  in  this  state  for  the 
term  of  one  year  next  preceding,  and  in  the  town 
in  which  he  may  offer  himself  to  be  admitted  to 
the  privileges  of  an  elector,  at  least  four  months 
next  preceding  the  time  he  may  so  offer  himself, 
and  shall  sustain  a  good  moral  character,  shall  on 
his  taking  such  oath  as  may  be  prescribed  by  law, 
be  an  elector. 

Resolved,  The  foregoing  proposed  amendment 
to  the  Constitution  of  this  State  be  continued  to  the 
next  session  of  the  General  Assembly  to  be  held  at 
New  Haven  on  the  first  Wednesday  of  May  next, 
and  be  published  with  the  laws  of  this  State  passed 
at  the  present  session. 

CHARLES  W.  BRADLEY, 

Clerk  of  the  House  of  Representatives. 

THOMAS  COWLES, 

Assistant  Clerk. 


STATE  OF  CONNECTICUT,  M. ) 

SECRETARY'S  OFFICE,  July  4th,  1843.   ) 

I  HEREBY  CERTIFY,  That  I  have  compared  the  printed  copy 
of  the  Acts  contained  in  this  pamphlet,  with  the  original  Acts,  as 
engrossed  and  passed  by  the  Legislature,  and  find  the  same  to 
be  correct. 

NOAH  A.  PHELPS, 

Secretary  of  State. 


INDEX. 


or  INDEX  to  Acts  passed  at  the  October  Special  Session,  1842,  see  page 
the  Laws  of  that  session,  published  at  the  commencement  of  this  pamphlet.] 


of 


A. 

Actions  civil;  act  concerning         -"'     8; 

Assessors  and  board  of  relief;  confirm- 
ing the  doings  of     -        -        -    43 

Assesso/'s  to  be  notified  of  taxable 

stock,  by  cashiers ;  -        -    42 

Attachment  foreign ;  act  extending 

process  of    -        -        -        -        32 

Auditors  in  matters  of  account;      -      3 

B. 

Banks;  Exchange,  ...  4 
Windham  County,  ...  4 
Cashiers  of  required  to 

notify  assessors;  -  -  -42 
and  societies  savings ;  act 

relating  to  -  -  -  -  5 
Bank  stock;  fraudulent  transfer  of  43 
Berlin,  doings  of  a  town  meeting 

in  confirmed ;  -  -  -  -  45 
Bigamy  committed  in  other  states 

when  punishable  in  this  state ;  25 
Bond  of  commissioners  on  Hous- 

atonic  Railroad,  -  -  .39 
Bonds ;  auditors  may  decide  on 

accounts  involved  in  -  -  3 
Bonds  and  deeds  executed  without 

seal ;  act  to  confirm  -  -  26 
Borough  of  Norwalk ;  limits  of  -  6 
doings  of  confirmed ;  -  -  8 
Bozrah  constituted  a  probate  dis- 
trict;   22 

C. 

City  of  Hartford ;  common  council 

to  lay  out  streets,  drains,  &c.  in    11 
duties  and  powers  of  the  mayor  of     9 
City  of  Middletown;  addition  to 

act  incorporating  -  -  -  16 
duties,  &c.,  of  recorder,  mayor 

and  aldermen  in  -  -  -  17 
City  of  New  Haven ;  act  dividing 

into  wards  the  -  -  -  13 
election  of  officers  in  -  14 

Commissions  in  recess;    Governor 

empowered  to  grant  military  -    36 


Communities;  act  relating  to  -        -     18 

Conservators  of  lunatics,  &c.,  pro- 
visions of  act  concerning  ex- 
tended;     23 

Constitution;  proposed  amend't  to       47 

Conveyances  made  to  or  by  trustees 

of  Shakers  effectual  in  law ;    -      19 

County  Commissioners  not  disqual- 
ified by  relationship  to  parties  ; 
oath  of,  &c.;   -        -        -        -    21 

Court  County,    conservators'  ac- 
counts transferred  from,  to  pro- 
bate courts;     -        -        -        -23 
in  Fairfield  county ;  time  of 
holding 20 

Court  Superior  in  Fairfield  county ; 

time  of  holding        -        -        -    20 
power  of  extended  in  granting 
divorces;          -        -        -        -    20 

Courts;    additions  to  and  altera- 
tions of  acts  constituting  and 
regulating   -        ...    20-24 
discretionary  powers  of,  in  sen- 
tencing juvenile  offenders ;     -    26 

Courts    of  Probate ;     regulating 

proceedings  in  -    25 

Crimes  and  Punishments ;  addition 

to  act  concerning      ...    25 
alteration  of  former  act       •        -    2t» 

D. 

Deeds  and  bonds  without  seal ;  act 

to  confirm  -  -  -  -  26 
Deposile  fund ;  change  of  securities 

in  town  -----  46 
Divorces;  power  of  superior  court 

extended  in  granting  -  -  20 
Drains,  fyc. ;  common  council  of 

Hartford  authorized  to  lay  out     10 

E. 

East  Is/me  constituted  a  probate 

district; 22 

Equity;  act  regulating  proceed- 
ings in 28 


50 


INDEX. 


F. 

Fairfield  county;  time  of  holding 

courts  in          -        -        -        -    20  i 

Fairfield ;    number  of   jurymen 

allowed  to  the  town  of     -        -    34 

Fences  and  common  fields;  acts  con- 
cerning        -  29,31 

Fences;  worm  or  crooked  rail         -    31  \ 

Fire  limits  in  Hartford  extended 

and  defined;    -        -        -        -    12; 

Fisheries;  act  concerning       -        -31, 

Foreign  Attachment;   extending 

process  of        -        -        -        -    32 

Fraudulent  concealment  of  property;  32  j 
transfer  of  bank  stock;       -        -     43 

O 

Grand  Jurors,  number  and  mode  of 
appointing  in  Middletown  ;      -     18 

number  constituting  a  quorum  of     35  | 
Guardians  and  Minors;  act  relating  to  33 

repealing  part  of  act  relating  to      24  j 

H 

Hartford ;  addition  to  act  concern- 
ing streets  and  buildings  in  10 
duties  and  powers  of  the  mayor  of  9 
fire  limits  extended  and  defined     . 

in  ...    12 

Hous  atonic  Railroad  Company; 

acts  concerning  -        -    37,  39 

authorized  to  sell  forfeited  stock ;    37 

bond  required  ofcommissioners  on  39 

I. 

Injunctions  on  sale  of  personal 

estate;  order  on      -       -       -    -js 

J. 

Jncs;  society  privileges  extended  to  41 
Jurors  Grand;  number,  &c.  -  18,  35 
Jurymen;  Acts  relating  to  the 

number  of       ...          3^  35 
Juvenile  offenders ;  punishment  of      26 

L. 

Laws  of  the  state,  publication  of  in 
newspapers ;  40 

M. 

Major  Generals  to  hear  and  decide 

contested  military  elections ;        36 

May  or  of  Hartford;  duties  and  pow- 
ers of       -  .9 
of  Middletown ;        -        "        "       17 

Mettwdist  Societies,  doings  of  made 

valid;    ...        -        -      42 

Middktown;  in  addition  to  an  act 
incorporating  the  city  of     -         16 

Military  force ;  in  addition  to  and  al- 
teration of  sundry  acts  relating  to  36 

Military  officer  .chosen  in  recess- 
regulations  concerning    -        -    36 


KT. 
New  Haven;  act,  to  divide  in  to  wards 

the  city  of  -    13 

election  of  city  officers  in  -        -    14 
Newspapers;  regulating  the  publica- 
tion of  the  laws  in          -         -    40 
Norwalk,  limits  of  the  borough  of 
reduced;      .    _-       -       -  7 

O. 

Oath  of  county  commissioners;      -    21 
Ousalonic  River;  fishery  in  -    31 

P. 

Penalty  for  illegal  voting ;      -        -    27 
Poll-tax  how  to  be  set  in  the  list ;         44 
Probate  Courts;  conservators'  ac- 
counts to  be  settled  by     -        -    23 
doings  of  in  certain  cases,  con- 
firmed ;    -        -        -        -        -    24 
guardians  to  render  annual 

accotints  to        -      -       -        -    33 
Probate  district  of  Bozrah  constitu- 
ted; of  East  Lyme  constituted;  -    22 
of  Hartford ;  Rocky  Hill  com- 
prised in  ...    24 
Probate  notices,  publication  of  where 

to  be  made ;     -        -        -        -    25 
Publication  of  laws  in  newspapers ;  -    40 

R. 

Railroad  Company;  acts  relating 

to  Housatonic         -       -        37-39 
Recorder  of  Middktown;    duties 

and  powers  of  -       -       -        -    17 
Rod;y  Hill  constituted  a  part  of 

the  probate  district  of  Hartford ;  24 
annexed  to  the  first  senatorial 

distrct; 27 

number  of  jurymen  allowed  to        35 

S. 

Savings  Banks  and  Societies ;    in- 
vestments and  loans  of    -       -      5 
treasurers  of  to  make  statements ;      6 

School  Districts,  real  estate  of,  how 
to  be  divided  in  case'of  separa- 
tion;   40 

Secretary  of  State;  relating  to  the 

duties  of 40 

Senatorial  District;    Rocky  Hill 

constituted  a  part  of  the  first   -    27 

Set  off;   defendant  when  entitled 

to  a  ....      3 

Shakers  in  Enfield  ;    conveyances 

made  to  or  by  trustees  of         -    19 

Society  privileges  extended   to 

Jews ; 41 

Superior  Court;  (See  Courts.} 


T. 

Taxes;   in  addition  to  an  act  for 
assessment  of          - 


42 


INDEX. 


51 


Taxes;  in  alteration  of  act,  &c.,  de  44 
Town  of  Berlin ;  confirming  the 

doings  of  -  45 

Toxn  dcposite  fund;  change  of 

securities  in    -        -        -        -46 

V. 

Voting;  act  to  punish  illegal         -    27 


W. 

Wards;  dividing  New  Haven  into      13 
elections,  how  held  in         -        -    14 

Weslport ;  number  of  jurymen  al- 
lowed in         ...         -    14 

Wethersfield  ;  number  of  jurymen 

allowed  in  -       -        -    35 


1! 


It     - 


PUBLIC   ACTS, 


PASSED  BY  THE  GENERAL  ASSEMBLY 


OF    THE 


STATE  OF  CONNECTICUT, 

MAY  SESSION,  1844 


PUBLISHED    IN    CONFORMITY    WITH    A    RESOLUTION    OF   THE 
GENERAL    ASSEMBLY,    UNDER    THE    SUPERINTEN- 
DENCE   OF    THE    SECRETARY    OF   STATE. 


STATE  OF  CONNECTICUT,  ss. : 
OFFICE   OF  THE   SECRETARY   OF   STATE,  JUNE,    1644. 


NEW  HAVEN : 

Printed  by  Babcock  &  Wildman,  (Palladium  Office.) 
MDCCCXLIV. 


PUBLIC-  ACTS. 


CHAPTER   I. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
concerning  Banks." 

SEC.  1 .  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  in  case  any  person  or  persons,  on  request 
of  the  bank  commissioners,  shall  refuse  to  com- 
ply with  any  of  the  provisions  of  the  twelfth 
section  of  the  act  to  which  this  is  an  addition. 

,          ,         ,  .  ,  .  ,  Bank  Co 

the   bank   commissioners  may  apply  to   either  sioners 
judge  of  the  Superior  Court  or  to  the  judge  of  j 
the  County  Court  in  the  county  in  which  such  £0^°^""";^ 
bank  is  located  or  has  its  banking-house,  who  in  certain  cases, 
shall  thereupon  cause  such  person  to  come  be- 
fore him,  and  shall  inquire  into  the  facts  set  forth 
in  such  application,  and  may  thereupon,  for  any 
sufficient  reason  shown  to  said  judge,  cause  such  Penalty  for  a  re- 
person  to  be  imprisoned  in  the  common  jail  in  with  the  p°rovi£ 
said  county,  until  he  shall  comply  with  the  pro-  j,°"tio°f  the  12* 
visions  of  said  twelfth  section  of  said  Act :  but  it 
shall  not  be  in  the  power  of  the  bank  commis- 
sioners,  for  any  such  refusal,   to   suspend  the 
operation  of  any  bank. 

SEC.   2.     The   bank  commissioners  shall  not   Pom, 

_     111  /»  Commissioners- 

disclose  the  names  ot  the  debtors  01  any  monied  not  »°  disclose 
corporation  examined  by  them,  nor  impart  any  debtors™6 
information  obtained  by  them  in  the  course  of 
such  examination,  excepting  so  far  as  may  be- 
come necessary  in  the  performance  of  their  duties. 

SEC.  3.     All  acts  and  parts  of  acts  inconsistent  Repealing  act* 
with  the  provisions  of  this  Act,  shall  be,  and  the    ^e°r"wuhnt 
same  are  hereby  repealed. 

Approved,  June  6,  1844. 


BANKS. 


CHAPTER    II. 

An  Act  in  addition  to  and  alteration  of  an  Act 
to  Incorporate  the  Fair-field  County  Bank. 

SEC.   1 .     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

Abolishing    the  That  the  tenth  and  eleventh  sections  of  said  Act, 

BranciiBank.      j^  an(j  fae  same  are  hereby  repealed,  and  the 

Branch  of  said  Bank  is  abolished. 

SEC.  2.  That  the  stockholders  of  the  Danbury 
Bank,  their  successors  and  assigns,  shall  be  and 
remain  a  corporation  and  body  politic,  by  the 
D^nbl^Bank.  nan*6  of  The  President,  Directors  and  Company 
of  the  Danbury  Bank,  to  be  located  in  and  to 
transact  their  business  at  Danbury,  in  Fairfield 
county;  and  by  that  name  shall  be  and  herby 
are  made  capable  to  sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  answered  unto, 
defend  and  be  defended  in  all  courts ;  and  the 
said  corporation  and  the  officers  and  stockholders 
thereof  shall  have  the  same  powers,  rights  and 
privileges  conferred  on  said  Fairfield  County 
Bank  by  said  Act  to  which  this  is  in  addition, 
which  are  not  inconsistent  with  the  laws  of  this 
state,  and  shall  be  subject  to  the  same  restric- 
tions, limitations  and  duties  as  are  imposed  by 
said  Act,  excepting  as  is  herein  otherwise  provi- 
ded for. 

SEC.  3.  That  the  capital  stock  of  said  Danbury 
wheLltalaBd°Cb1  Bank  snall  consist  of  one  moiety  of  the  capital 
whom  distribu-  stock  of  said  Fairfield  County  Bank,  and  the 
same  shall  be  divided,  assigned  and  distributed 
to  said  Danbury  Bank,  on  or  before  the  first  Mon- 
day of  July  next,  by  one  of  the  bank  commission- 
ers of  this  state  and  two  disinterested  persons  to 
be  selected  by  the  directors  of  said  banks.  The 
residue  of  the  stock  of  the  said  Fairfield  County 
Bank  shall  be  and  remain  the  stock  of  the  Fair- 
field  County  Bank  ;  and  the  proprieters  of  shares 
so  to  be  assigned  shall  be  the  stockholders  of 
said  Danbury  Bank.  The  affairs  of  said  Danbury 
Bank  shall  be  managed  by  not  more  than  seven 
nor  less  than  five  directors,  to  be  chosen  by  the 


BANKS. 


stockholders  in  general  meeting,  not  less  than 
four  of  whom  shall  be  residents  in  said  Danbury ; 
and  the  first  meeting  of  the  stockholders  for  the 
choice  of  directors  shall  be  holden  at  the  banking- 
house,  in  Danbury,  on  the  first  Monday  of  July  Directors,  when 
next.  The  directors  chosen  at  said  meeting  shall  chosen. 
continue  in  office  until  the  second  Tuesday  of 
June,  1845,  and  the  annual  meetings  of  the  stock- 
holders shall  ever  after  be  holden  on  the  second 
Tuesday  of  June,  in  each  year,  and  notice  thereof 
shall  be  published  in  a  newspaper  printed  in 
Danbury,  or  elsewhere  in  the  county  of  Fair- 
field,  and  in  such  other  manner  as  the  directors 
may  order. 

SEC.   4.     All   the   estate,   property,  rights   of 
property,  moneys  and  assets  whatsoever,  belong- 
ing to  the  Fairfield  County  Bank,  on  the  first  Fairfieid  coun- 
Monday  of  July  next,  shall  be  equally  divided  {L^eofwh^n'fo 
between  said  two  banks :  the  one  moiety  thereof  be  divided- 
to   the  Fairfield   County   Bank,  and  the  other 
moiety  to  said  Danbury'  Bank,  by  the  directors 
of  said  two  banks ;  and  in  case  said  directors 
cannot  agree  in  making  such  division,  then  the 
same  shall  be  made  by  one  of  the  bank  commis- 
sioners of  this  state,  and  two  disinterested  persons 
to  be  selected  by  said  directors. 

SEC.  5.  All  the  bills,  notes,  demands  and 
liabilities  whatsoever  of  the  Fairfield  County 
Bank,  owing  or  outstanding  on  said  first  Monday 
of  July  next,  shall  thereafter  be  paid  on  demand,  Bills>  not«s,  &c. 

•/i  f        -j  i-       i  L  ^1      •         i  f   j    •         when  and  where 

by  either  ot  said  banks,  at  their  place  of  doing  paid, 
business,  where  the  same  shall  be  presented  for 
payment :  and  said  banks  are  hereby  made  joint- 
ly and  severally  liable  in  any  proper  action  for 
the  recovery  of  such  demands ;  and  when  so  paid, 
the  same  shall  not  be  put  in  circulation  or  re-is- 
sued upon  any  pretence  whatever,  but  the  same 
shall  be  cancelled  or  destroyed  by  the  two  boards 
of  directors;  and  said  banks  shall  respectively 
account  each  with  the  other  of  them,  relative  to 
and  of  and  concerning  all  payments  to  be  made 
by  either  of  them,  in  pursuance  of  the  provisions 
hereof;  and  in  thus  accounting,  each  of  them 
shall  be  liable  for  one  half  of  all  payments  so 
made.  This  act  shall  take  effect  on  the  first 
Monday  of  July  next. 


BANKS. 


SEC.  6.     This  Act,  and  every  part  thereof  may 
Act  revocable,  at  anv  tjme  foe  altered,  amended  or  repealed  by 
the  General  Assembly. 

Approved,  May  31,  1844. 


CHAPTER   III. 

An  Act  in  alteration  of  an  Act  incorporating 
the  Whaling  Bank. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  any 
Amount  of   person  may  hold  of  the  capital  stock  of  the  Whal- 
stock  which  may  ing  Bank  actually  paid  in,  an  amount  not  exceed- 
ing ten  thousand  dollars ;  and  so  much  of  the 
third  section  of  an  Act  incorporating  the  Whaling 
Repealing    a  Bank  as  limits  the  amount  which  any  person  may 
X.ctl'of  incorpo°  hold  to  five  thousand  dollars,  be,  and  the  same  is 
hereby  repealed. 

Approved,  June  7,  1844. 


CHAPTER    IV. 

.b  An  act  concerning  Banks, 

Be    it  enacted  by   the   Senate   and  House  of 

Representatives   in   General  Assembly    convened, 

Repealing  the  That  so  much  of  the  fourth  section  of  an  Act 

prohibition       of        .  ..,     ,    ..  .  ,  ,.   . 

Act  of  1842,  re-  entitled  "  An  Act  in  addition  to  and  m  alteration 


C8  Cy  of  sundry  Acts  relating  to  Banks"  passed  May 
proxy.  session,  1842,  as  provides  that  the  stock  in  the 

banks  of  this  state  shall  not  be  voted  on  by  proxy, 
be,  and  the  same  is  hereby  repealed. 

Approved  June  6,  1844. 


CITIES. 


CHAPTER   V. 

An  Act  to  repeal  an  Act  entitled  "  An  Act  to 
Divide  the  City  of  New  Haven  into  Wards  for 
the  Election  of  Officers." 

Be  it  endcted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the 
Act  entitled  "  An  Act  to  Divide  the  City  of  New 
Haven  into  Wards,  for  the  Election  of  Officers,'* 
passed  at  the  session  of  the  General  Assembly  in  Act  of  ists 
May,  1843,  be,  and  the  same  is  hereby  repealed. pe 

This  Act  shall  take  effect  from  the  day  of  its 
passage. 

Approved,  May  9,  1844 


CHAPTER   VI. 

An  Act  relative  to  the  City  of  New  Haveri; 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  from  and  after  the  first  day  of  September, 
A.  D.  1844,  the  fire  limits  of  said  city  shall  include 
all  the  land  within  the  following  boundary,  and 
also  a  strip  of  land  one  hundred  and  fifty  feet 
wide,  without  and  beyond  said  boundary,  in  all 
its  parts,  including  the  corners  in  the  various 
angles  of  the  same,  to  wit :  beginning  near  the 
residence  of  the  late  Gilbert  Totten,  at  the  north  Fir<?  limits  ex- 
west  corner  of  Water  and  Meadow  streets,  andten(led- 
thence  running  up  the  westerly  side  of  said  Mead- 
ow street  to  the  southerly  side  of  George  street ; 
thence  up  the  southerly  line  of  George  street  to 
westerly  line  of  York  street ;  thence  by  the 
westerly  line  of  York  street  to  the  northerly  line 
of  Grove  street ;  thence  by  the  northerly  line  of 
Grove  street  to  the  westerly  line  of  State  street ; 


8  CITIES . 

thence  by  the  westerly  line  of  Hancock  avenue 
to  the  easterly  line  of  Olive  street  extended ; 
thence  to  the  northerly  line  of  Green  street,  where 
it  is  intersected  by  the  easterly  line  extended  of 
the  street  east  of  Wooster  Square  ;  thence  by  the 
easterly  line  of  said  last  described  street  to  the 
southerly  line  of  Chapel  street  ;  thence  by  the 
southerly  side  of  Chapel  street  to  the  easterly 
side  of  Brewery  street ;  thence  by  the  easterly 
side  of  Brewery  street  to  the  northerly  side  of 
Water  street ;  thence  to  the  outside  of  the  pier, 
or  end  of  Union  Wharf,  and  thence  to  the  place 
of  beginning.  Provided,  that  nothing  in  this  sec- 
tion contained  shall  be  so  construed  as  to  prevent 
or  interfere  with  any  contract  now  existing. 

SEC.  2.     All  the  provisions  of  the  several  Acts 

Provision!  of  relating  to  buildings  within  the  present  fire  lim- 

tandritje£d6taits  of  said  city  shall  extend  and  be  in  full  force 

theCeflhre°>ufStnrou^out  tne  ^re  ^m^s  herein  established,  ex- 
herem  establish-  cepting  that  portion  of  said  fire  limits  specially 
excepted  by  "  An  Act  in  addition  to  an  Act  to 
secure  the  city  of  New  Haven  from  Fire,"  approv- 
ed May  25,  1839. 

SEC.  3.  From  and  after  the  first  day  of  July, 
1844,  no  building  situated  within  the  fire  limits 
of  said  city  shall  be  used  or  occupied  for  either 
of  the  following  purposes,  viz  :  coach,  carriage 
or  waggon-maker's  shop,  joiner's  or  carpenter's 
shop,  sash  or  blind  factory,  clock-maker's  shop 

Common    Coun-          t>  i  •  1,1  i      •  if 

cii  may  permit  or  tactory,  cabinet  makers  shop,  chair  makers 
use'd'fo8*  certain  sn°P»  blacksmith's  shop,  brass  or  iron  foundry, 
specified  PurPo-  bakery,  pottery, — for  planing,  sawing  or  turning 
by  machinery, — tallow  chandler's  or  soap-boiler's 
shop, — without  permission  first  obtained  from  the 
common  council  of  said  city,  unless  such  building 
shall  have  been  used  for  the  same  purpose  before 
said  first  day  of  July,  1844.  And  each  and  every 
person  who  shall  violate  either  of  the  provisions 
of  this  section,  shall  forfeit  and  pay  to  the  treasur- 
er of  said  city,  a  penalty  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars,  ac- 
cording to  the  nature  and  aggravation  of  the 
offence. 

SEC.  4.    No  building  shall  hereafter  be  erected 
biErectwn  of  within  the  fire  limits  of  said  city  which  shall  be 
*         in  any  way  attached  to  or  connected  with  (either 


CITIES. 

by  doorway,  platform,  shed  or  otherwise)  any 
other  building  having  therein  a  chimney,  fireplace 
or  stove,  unless  the  outer  walls  of  such  first 
named  building  shall  be  composed  entirely  of 
brick  and  mortar  or  stone  and  mortar.  And  each 
and  every  person  who  shall  violate  either  of  the 
provisions  of  this  section,  shall  forfeit  and  pay  to 
the  treasurer  of  said  city  a  penalty  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand 
dollars,  according  to  the  nature  and  aggravation 
of  the  offence. 

SEC.  5.     The  Court  of  Common  Council  of  said  common  coun- 
city  may  authorize  the  alteration  by  taking  down, cil  may  author- 

u     -ij-  u  •         Au        u-         •         ^u         •         /       lze  the  removal 

rebuilding  or  changing  the  cnimmes  therein,  (or  of  any  building, 
in  such  other  way  as  they  may  deem  proper,)  of  &c' 
any  building  in  said  city,  and  may  also  authorize 
the  removal  of  any  building  within  said  city  to 
such  place  as  they  shall  designate.  And  each  and 
every  person  who  shall  remove  any  building 
through  any  street  in  said  city,  or  who  shall  pro- 
cure or  cause  such  removal,  or  shall  aid  or  assist 
therein,  without  permission  first  obtained  from 
said  common  council,  shall  severally  forfeit  and 
pay  to  the  treasurer  of  said  city  a  penalty  not 
less  than  twenty  dollars,  nor  more  than  one  hun- 
dred dollars,  and  also  a  further  penalty  of  ten 
dollars  for  everyday  he  or  they  shall  permit  such 
building  to  remain  in  any  street  in  said  city, 
without  license,  as  aforesaid. 

SEC.  6.     Whenever  the   number   of  common 
councilmen  of  said  city  shall  exceed  twelve,  the 
Court  of  Common  Council  thereof,  at  their  first  Number  to  con- 
meeting  after  each  annual  city  meeting,  may  de-  sututea(iuc>n"n- 
termine  the  number  of  members  (not  less  than 
seven)  which  shall  constitute  a  quorum  for  the 
transaction  of  business. 

SEC.  7.  Whenever  the  proprietor  or  proprie- 
tors of  any  premises  in  said  city  shall  neglect  to 
raise,  level  and  grade,  or  to  pave  or  flag  any 
sidewalk,  in  such  manner  and  within  such  time 
as  the  common  council  of  said  city  shall  pre- Maye'mployper. 
scribe,  the  said  common  council  may  employ  |ons  to  J"  avc,.or 

J  r      J   flag      sidewalks, 

some  person  or  persons  to  do  the  same,  and  may  &c.,  and  assess 
ascertain  and  adjust  the  expense  and  assess  the  ei 
same  to  such  proprietor  or  proprietors.     The  col- 
lector of  taxes  for  said  city  shall  have  full  power 


10  CITIES 

to  collect  the  assessments  thus  made,  from  the 
proprietors  respectively, — to  be  paid  within  the 
time  limited  by  said  common  council,  in  the  same 
manner  as  is  by  law  prescribed  for  the  collection 
of  taxes  of  this  state.  All  amounts  thus  assessed, 
and  also  all  sums  apportioned  and  assessed  by 
said  common  council,  to  any  proprietor  or  pro- 
Amount  assess-  prietors  for  building  any  gutter  in  front  of  any 

ed,  a  lien  upon  r  .  .  .,      .,G      i      11  i  v  ,.       i* 

the  premises,  premises  in  said  city,  shall  be  a  lien  respectively 
upon  the  premises  upon  or  in  front  of  which  such 
gutter  or  pavement  may  be  situated.  The 
mayor  or  one  of  the  aldermen  of  said  city  shall 
issue  his  warrant  directed  to  said  collector,  set- 
ting forth  the  name  or  names  of  the  person  or 

warrant  to  is-  persons  against  whom  such  assessment  may  be 
made,  either  for  pavement  or  gutter,  and  the 
amount  assessed  to  each ;  directing  said  collector 
to  collect  such  assessments  respectively,  from  the 
goods  and  chattels  of  such  person  or  persons, 
and  for  want  thereof,  from  the  sale  of  said  premi- 
ses upon  which  such  assessments  may  be  a  lien, 
as  aforesaid,  and  the  title  thus  conveyed  by  said 
collector  shall  be  good  and  valid  in  law. 

SEC.  8.     The  mayor  and  aldermen  of  said  city 

Hacks,  &c.  li-  shall  constitute  a  board  for  the  licensing  and  reg- 
ulating  of  hacks,  carriages  and  other  vehicles  for 
the  conveyance  of  passengers,  for  hire,  in  said 
city,  and  also  for  the  drivers  thereof;  and  the 
regulations  of  said  board,  not  inconsistent  with 
the  laws  of  this  state,  when  recorded  upon  the 
records  of  the  common  council  of  said  city  by  the 
city  clerk,  (who  shall  be  the  clerk  of  said  board,) 
and  published  once  or  more  in  each  of  two  suc- 
cessive weeks,  in  a  newspaper  printed  in  said 
city,  shall  have  the  force  of  laws  of  this  state ; 
and  such  regulations  and  the  said  publication 
thereof  may  by  proved  in  all  courts  by  a  copy, 
certified  by  said  clerk,  of  said  record,  and  of 
the  certificate  of  such  publication  entered  by  said 
clerk  on  said  record.     Each  and  every  owner  or 
driver  of  any  hack,  carriage,  or  other  vehicle 
used  for  the  conveyance  of  passengers  for  hire 
in  said  city,  without  such  license,  and  each  and 
every  person  who  shall  violate  any  provision  of 
any  regulation  so  made,  recorded  and  published 
as  aforesaid,  shall  severally  forfeit  and  pay  to 


CITIES.  11 


the  treasurer  of  said  city  a  penalty  of  twenty 
dollars. 

SEC.  9.     This  Act  shall  not  take  effect  until  . 

j.  ••          -i  ..  />        >  j       -A          i       Act  when  to  take 

approved  in  a  legal  meeting  of  said  city,  the  effect, 
warning  for  which  shall  specify  such  purpose  ; 
and  each  section  shall  be  acted  upon  separately 
and  shall  be  in  force  or  not,  as  the  same  may  be 
approved  or  rejected  by  such  meeting,  and  shall 
take  effect  as  soon  as  thus  approved,  or  such 
parts  thereof  as  shall  be  thus  approved. 

Approved,  June  4,  1844. 


CHAPTER   VII. 

An  Act  in  addition  to  and  in  alteration  and 
amendment  of  the  Charter  and  of  the  several 
Acts  in  relation  to  the  City  of  Hartford. 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened, 
That  the  Court  of  Common  Council  of  the  city 
of  Hartford  shall  have  power  to  make  by-laws  £jjntob  ™^eg  c 
relative  to  the  regulation  of  public  hacks  and 
coaches  in  said  city,  in  the  same  manner  and  un- 
der the  same  restrictions  and  limitations  as  by 
the  charter  of  said  city  the  by-laws  specified 
therein  are  authorized  to  be  made. 

Approved,  June  6,  1 844. 


12  CITIES. 


CHAPTER    VIII. 


An  Act  in  addition  to  and  alteration  of  an  Act 
entitled  "  An  Act  altering  the  limits  of  the 
City  of  Bridgeport." 

Whereas,  in  pursuance  of  the  second  section  of  the 
Preamble.  Act  aforesaid,  the  County  Court  for  the  coun- 
ty of  F  airfield,  at  the  term  of  said  court  held  at 
Danbury,  on  the  second  Tuesday  of  August, 
1 839,  on  the  application  of  the  common  council 
of  the  city  of  Bridgeport,  liquidated  and  ascer- 
tained the  sum  to  be  paid  by  the  inhabitants 
residing  in  the  part  of  said  city  set  off  by  the 
Act  aforesaid,  to  which  this  is  in  addition,  as 
their  proportion  of  the  liabilities  of  said  city ; 
and  whereas,  the  selectmen  of  the  town  of 
Bridgeport  have  omitted  to  assess  the  sums  to 
be  paid  by  said  inhabitants  upon  their  polls  and 
rateable  estate,  according  to  the  provisions  of 
the  Act  aforesaid ;  and  whereas,  doubts  have 
arisen  in  consequence  of  said  omission  whether 
the  provisions  of  said  Act  setting  off  said  part 
can  now  be  carried  into  full  effect : 

SEC.  1.  B?  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  whenever  the  mayor,  aldermen,  common 
council  and  freemen  of  the  city  of  Bridgeport 
shall  lay  a  tax  according  to  the  provisions  of  the 
by-laws  of  said  city,  to  pay  any  portion  of  the 
liabilities  of  said  city  which  were  liquidated  by 
the  County  Court  as  aforesaid,  it  shall  be  the 
duty  of  the  selectmen  of  the  town  of  Bridgeport, 
for  the  time  being,  or  a  majority  of  them,  within 
select  men  10  thirty  days  after  the  laying  of  such  tax,  to  assess 
Sent  's'  upon  the  polls  and  rateable  estate  of  the  inhabi- 

tants residing  in  the  part  set  off  from  said  city  as 
aforesaid,  according  to  the  assessment  list  of  said 
town  last  perfected,  before  such  assessment  shall 
be  made,  a  sum  bearing  the  same  proportion  to 
the  amount  of  said  tax  as  the  amount  of  the  lia- 
bilities (which,  according  to  the  decision  of  said 
court,  it  was  the  duty  of  the  inhabitants  of  the 


COURTS.  13 


part  so  set  off  to  pay)  bears  to  the  remaining 
portion  of  the  liabilities  aforesaid.  And  so  from 
time  to  time,  when  said  city  of  Bridgeport  shall 
have  laid  taxes  for  the  purpose  aforesaid,  it  shall 
be  the  duty  of  the  selectmen  of  said  town,  for  the 
time  being,  to  make  assessments  as  aforesaid, 
until  the  whole  of  said  liabilities,  with  the  inter- 
est, shall  have  been  provided  for. 

SEC.  2.  That  it  shall  be  the  duty  of  said  se- 
lectmen, or  a  majority  of  them,  to  make  out  rate-  ^^  0™te "at^ 
bills  of  the   assessments   aforesaid,  under  their  bills>  and,  ,cau.se 

.       a  warrant  to   be 

hand,  and  cause  a  warrant  to  be  issued  tor  the  issued,  &c. 
collection  thereof,  signed  by  a  justice  of  the  peace 
and  directed  to  the  collector  for  the  time  being, 
of  the  city  of  Bridgeport,  who  shall  proceed  with 
and  collect  the  same,  and  pay  the  amount  so  col- 
lected over  to  the  treasurer  of  said  city,  in  the 
same  manner  as  though  said  tax  had  been  laid 
by  said  city. 

SEC.  3.     That  so  much  of  the  Act  aforesaid,  to 

i.    i      .r  .     •       •  jj-.-  •«  •    .  •!    Act  inconsistent 

which  this  is  in  addition,  as  is  inconsistent  with  herewith,     re- 
the  provisions  of  this  Act,  be,  and  the  same  is  Pealed- 
hereby  repealed. 

Approved,  June  7,  1844. 


CHAPTER    IX. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  the  regulation  of  Civil  Actions." 

Be   it  enacted    by   the   Senate   and  House    of 
Representatives    in    General  Assembly   convened, 
That  no  justice  of  the  peace  shall  have  jurisdic-  Justices  of  the 
tion  of  any  civil  action  in  which  he  shall  have  quaMe 
drawn  the  writ  or  declaration  himself  :  Provided, 
That  this  Act  shall  not  be  in  force  until  the  first  Proviso- 
day  of  September,  1844,  and  shall  not  affect  any 
suit  then  pending. 

Approved,  June  6,  1844, 


act8" 


14  COU  RTS. 


CHAPTER   X. 

An  Act  concerning  Courts. 

SEC.  1 .     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

That  whenever  any  judge  of  a  County  Court 

Appealable    ca-  shall  be  legally  disqualified  to  act  as  judge  in 

*d8  to°l3uperio*r  any  action  pending  before  said  court,  which  is 

XgeV^wnty  aPPealable,   either  party   shall  have  power  to 

Courtis  disquai- remove  said  cause  to  the  next  Superior  Court  in 

the  county,  upon  giving  bond  with  surety  to  the 

adverse  party,  to  prosecute  such  removal  to  effect ; 

and  the  party  so  removing  said  cause  shall  enter 

the   same  in  the   Superior  Court  in  the  same 

manner  as  is  by  law  provided  in  case  of  appeals : 

and  such  Superior  Court  shall  have  power  to 

proceed  to  final  judgment  in  said  cause,  in  the 

same  manner  as  if  said  cause  had  been  brought 

there  by  appeal. 

SEO.   2.     Whenever  any  judge  of  a  County 
Court  shall  be  legally  disqualified  to  act  as  judge 

If  objections  on  .  »    ,/        ,_*•,,         ,  .  .,  •*,    , 

account  of  the  in  any  matter  pending  before  him,  provided  the 
bSved'byThe  Parties  or  their  attornies   shall  file   a  written 
pa«>eMhe judge  Agreement  to  waive  all  objections  to  his  acting 
in  such  matter,  such  judge  may  thereupon  pro- 
ceed to  hear  and  try  the  same. 

SEC,  3.     If  such  judge  shall  not  act  in  such 
matter  under    the  provisions  of   the  preceding 

Or   nominate    a          ,.  .„  -,         •**%•• 

justice    of  the  section,  or  if  he  shall  decline  to  try  any  matter 
n7sasteead°  *"  in  pending  before  him,  by  reason  of  his  having  been 
counsel  therein,  or  for  other  sufficient  reason,  the 
same  may  be  heard  and  tried  before  any  justice 
of  the  peace  for  the  county  wherein  such  court 
Proviso.  *s  held*  to  be  named  by  such  judge :  Provided, 

the  parties  or  their  attornies  shall  file  their  writ- 
ten consent  that  such  justice  may  so  act. 

SEC.  4.  In  all  the  cases  mentioned  in  the  two 
Provisional  hear-  Precedmg  sections  of  this  Act,  if  any  matter  shall 
ing  and  decision  not  be  heard  and  decided  under  the  provisions 

by  county  com- ,  i  /,   ^,  in-i-i  i          i    i       •  i     i    i. 

.  thereof,  the  same  shall  be  heard  and  decided  by 
one  of  the  county  commissioners  for  said  county, 
to  be  notified  by  the  clerk  of  the  court. 


COURTS.  15 


SEC.  5.     All  acts  and  parts  of  acts  inconsis-  ^ontulent act* 
tent  herewith,  are  hereby  repealed.  herewith. 

Approved,  June  6,  1844. 


CHAPTER   XI. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  in 
addition  to  and  alteration  of  an  Act  for  the 
Settlement  of  Estates, — testate,  intestate  and 
insolvent,"  approved  May  31,  1838;  and  also 
in  addition  to  an  Act  entitled  "  An  Act  in  addi- 
tion to  an  Act  entitled  '  An  Act  in  addition  to 
an  Act  against  Fraudulent  Conveyances,'" 
approved  May  28,  1841. 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 
in  all  cases  of  appeal  to  the  Superior  Court,  ac- 
cording to  the  provisions  of  said  acts,  from  the  fuufon^ed  to°a£ 
doings  of  commissioners  on  any  insolvent  estate  J?ertainUcas°ersS  If 
or  estate  assigned  for  the  benefit  of  creditors,  if  appeal  from  com- 
the  claim  or  demand  be  for  debt  on  book,  the™' 
court  before  which  the  same  shall  be  pending 
shall  have  power  to  appoint  not  more  than  three 
able,  judicious  and  disinterested  men,  to  audit 
and  adjust  the  said  accounts,  who  shall  have  the 
same  power,  and  be  sworn  and  proceed  in  the  . 

,.  ,       r      .  »  v      i    Auditors    to  be 

same  manner  as  auditors  in  the  action  of  book  sworn,  fcc. 
debt ;  and  their  award  being  returned  into  court, 
the  appropriate  judgment  shall  be  rendered  in 
pursuance  thereof. 

Approved,  June  6, 1844, 


16  COURTS. 


CHAPTER    XII. 


An  Act  in  addition  to  and  alteration  of  an  Act 
regulating  Proceedings  in  Equity. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

Granting  power  'That  whenever,  upon  any  petition  returnable  to 

to  judge"  of  Su-  , ,        c,  .         f*i  •     «  •  i      11 

perior  Court  to  the  Superior  Court,  &  temporary  injunction  shall 

dissolve    iiyunc-  ^^  haye  been  granted  by  a  judge  Qf  the  County 

Court,  the  defendant  in  such  case  may  prefer  his 
petition  to  dissolve  the  same  to  either  judge  of 
the  Superior  Court,  as  well  as  to  the  judge  by 
whom  such  injunction  shall  have  been  granted  ; 
and  the  judge  of  the  Superior  Court  to  whom  such 
petition  shall  be  preferred  shall  have  the  same 
power  and  authority  to  dissolve  such  injunction, 
as  though  the  same  had  been  originally  granted 
by  him. 

SEC.  2.  When  any  temporary  injunction  shall 
when  and  to  ^ave  been  granted  by  any  judge  of  the  Superior 
whom  paid  pow-  Court,  and  by  reason  of  sickness  or  any  other 

ermaybe  trans-  -A      -L    n          ^    i.  4.    /•  i:     •     j 

ferred  cause  it  shall  not  be  convenient  tor  such  judge 

to  hear  and  decide  upon  an  application  to  dissolve 
the  same,  such  judge,  or  in  case  of  his  absence  or 
disability,  the  chief  judge  of  the  Supreme  Court 
of  Errors  may  order  and  direct  that  the  same 
shall  be  heard  and  determined  by  some  other 
judge  of  said  court,  and  thereupon  the  judge  so 
designated  and  appointed  shall  have  the  same 
power  and  authority  in  the  premises,  as  though 
said  injunction  had  been  originally  granted  by 
him. 

SEC.  3.    The  costs  of  an  application  to  dissolve 
°f     anv  injunction  may  taxed  and  allowed  at  their 
discretion,  by  the  court,  whenever  a  final  decree 
shall  be  made  in  such  case. 

Approved,  May  31,  1844. 


COURTS.  17 


CHAPTER   XIII. 

An  Act  relating  to  the  Partition  of  Real  Estate. 

SEC.  1.  Bi  it  enacted  by  the  Senate  and  House 
of  R  ipresentatives  in  General  Assembly  convened, 
That  in  all  proceedings  in  partition,  cognizable 
by  the  Superior  or  County  Courts,  either  at  law 
or  in  equity,  whenever  in  the  opinion  of  such 
court  the  interests  of  all  in  the  common  estate 
will  be  best  promoted  by  a  sale  of  such  estate  Extending  power 
and  division  of  the  moneys  arising  from  such  sale  eouSnUt?encourts 
among  the  parties  in  interest,  such  court  shall  'enstatPgrtition  of 
have  power  to  order  such  sale  and  make  such  di- 
vision, and  to  appoint  and  empower  some  judi- 
cious person  or  persons  to  make  sale  thereof,  at 
such  time  and  in  such  manner  as  such  court  shall 
prescribe,  and  to  make,  prescribe  and  enforce  all 
other  orders  and  decrees  proper  and  necessary  to 
effect  such  sale  and  division,  and  protect  the 
rights  of  all  the  parties  in  interest. 

SEC.  2.     The  moneys  arising  from  such  sale  Moneys  arising 
shall  be  divided  among  the  parties  interested  in [oTeeftvidedhow 
the  subject  matter  of  such  proceedings,  in  pro- 
portion to  their  respective  interests  therein ;  and 
such  court  shall  have  power  to  make  and  enforce 
all  such  orders  and  decrees  as  it  shall  deem  ne- 
cessary to  protect  the  rights  of  all  such  parties. 
Provided,  that  the  provisions  of  this  Act  shall  Proviso, 
not  apply  to  any  such  proceedings  now  pending 
in  court,  unless,  in  the  opinion  of  such  court,  the, 
interest  of  all  such  parties  will  thereby  be  pro- 
moted. 

Approved,  June  6,  1844. 


18  ELECTIONS. 


CHAPTER    XIV. 

An  Act  to  repeal  an  Act  entitled  "  An  Act  relative 
to  Students  at  Literary  Institutions." 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 
the  Act  entitled  "  An  Act  relative  to  Students  at 
Act  of  1842  re-  Literary  Institutions,"  passed  at  the  May  Session 
of  the  General  Assembly,  1842,  be,  and  the  same 
is  hereby  repealed. 

Approved,  May  20,  1844. 


CHAPTER    XV. 

An  Act  regulating  the  Time  of  holding  Electors' 
Meeting  for  the  choice  of  Presidential  Electors. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  in  case  of  a  passage  of  an  act  of  Congress, 
providing  for  a  uniform  day  for  tfte  choice  of 
contingent  act  of  presidential  electors  in  each  of  the  United  States, 
the  meetings  of  the  electors  of  this  state  for  the 
choice  of  presidential  electors,  now  required  by 
law  to  be  held  on  the  first  Monday  of  November, 
1844,  shall  be  held  on  the  day  provided  in  such 
law  of  Congress ;  and  all  existing  provisions  of 
law  now  applicable  to  said  first  Monday  of  No- 
vember, shall  be  in  force  and  be  understood  to 
apply  to  said  day  so  designated  in  said  Act  of 
Congress. 

SEC.  2.     Be  it  further  enacted,  That  it  shall  be 

the  duty  of  the  Governor  of  this  state,  immedi- 

Goveroor    to  ately  upon  the  fact  being  made  known  to  him 

ake  proclama-    f  xiL  -i  •          i.   *  j»  4*1 

on,  designating  ot  tne  passage  and  enacting  of  such  law  01  Lon- 
grass,  to  make  public  proclamation  of  the  same, 
and  to  declare  to  the  people  of  this  state  in  such 


ELECTIONS.  19 

proclamation,  the  day  designated  and  established 
by  such  law  of  Congress  for  the  choice  of  presi- 
dential electors  ;  and  upon  the  issuing  of  such 
proclamation,  the  day  by  law  established  for 
the  choice  of  such  electors  shall  be  taken  and 
understood  to  be  the  day  declared  in  such  proc- 
lamation ; — any  law  to  the  contrary  notwithstand- 
ing. 

Approved,  June  6, 1844. 


CHAPTER    XVI. 

An  Act  regulating  Special  Electors'  Meetings 
for  the  choice  of  Representatives  in  the  Con- 
gress of  the  United  States. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  the  warnings  for  meetings  of  the  electors 
of  this  state,  to  fill  any  vacancy  in  the  represen- 
tation of  the  people  of  this  state  in  the  Congress 
of  the  United  States,  shall  be  given  at  least  w^™fen 
fourteen  days  previous  to  the  day  of  such  elec- 
tion. 

SEC.  2.  The  board  of  registration  of  the  sev- 
eral towns  in  this  state  shall  meet  in  their 
respective  towns  at  such  convenient  place  as 
they  may  appoint,  on  the  Monday  of  the  week 
preceding  the  week  on  which  the  meetings  spec- 
ified in  the  preceding  section  of  this  Act  are  to  be  Board  of  r 

i     i  i  i         •  •  ,1  j  .  tration ; — time  of 

holden,  having  given  at  least  two  days  previous  meeting-notice 
notice  thereof,  by  posting  the  same  on  the  sign-  sLslon^nK 
posts  in  their  respective  towns.     And  said  board  J°urnments- 
may  adjourn  from  time  to  time,  but  shall  be  in 
session,  if  necessary,  on  the  Saturday  next  pre- 
ceding said  electors'  meeting,  from  ten  o'clock, 
A.  M.  to  two  o'clock,  P.  M.,  and  longer,  if  neces- 
sary for  the  proper  discharge  of  their  duties. 

SEC.  3.     Said  board  shall  be  organized  andBoard  how  or. 
sworn  in  the  manner  provided  in  the  Act  entitled  P"»fc«i. 
"  An  Act  to  provide  for  the  Registration  of  the 


20  ELECTIONS. 

Names  of  the  Electors  of  this  State"; — they  shall 
£? withnrespP°eTt  have  before  them  a  copy  of  the  list  of  electors 
to  list  of  elector.^  qualified  to  vote  in  said  town,  and  which  was 
used  at  the  next  preceding  electors'  meeting  in 
said  town,  and  shall,  during  said  week,  have  the 
same  power  to  correct  and  revise  said  list,  and 
to  examine  and  decide  upon  all  applications  to 
be  admitted  an  elector,  and  to  administer  the 
oath  to  those  so  found  to  be  qualified,  as  they 
now  by  law  have  during  the  week  next  prece- 
ding the  first  Monday  of  April  in  each  year. 

SEC.  4.     At  all  times  during  the  week  prece- 

When  not  in  ses-  ding  such  congressional  election,  while  the  board 

sion,  list  to  be  are  not  in  session,  said  list,  as  altered  by  them, 

clerk.  shall  be  left  in  the  office  of  the  town  clerk  for 

public  inspection. 

SEC.  5.     Said  board  shall  hold  a  session   on 

the   day  of  such   congressional  election  at  the 

place  where  such  election  is  held,  and  before 

Kectirs  to  be  the   opening  of  the  electors'   meeting,  for  the 

utenr"ddondrti£  purpose  of  admitting  and  registering  as  electors 

day  of  election,  those  applicants  legally  qualified  to  be  so  admit- 

Who  shall    be  *ed  5  but  no  person  whose  name  has  been  refused 

refused.  registration  at  any  former  meeting  of  the  board 

authorized  by  this  Act,  shall  be  permitted   to 

make  application  for  the  registration  of  his  name 

at  said  session. 

implicate  lists,  SEC.  6.  Duplicate  copies  of  said  corrected 
wTan^SLed  list  sna11  be  made — authenticated  by  the  signa- 
»f  tures  of  said  board,  or  a  majority  of  them — one 

of  which  shall,  on  the  Saturday  next  preceding 
the  day  of  said  congressional  election,  be  lodged 
in  the  office  of  the  town  clerk,  for  public  inspec- 
tion, and  the  other  shall,  before  the  opening  of 
the  polls  on  the  day  of  said  meeting,  be  delivered 
ferqu!redgtofficonr. to  ^e  Presiding  officer  thereof,  who  shall  conform 
form  thereto,     thereto  in  receiving  the  votes  of  the  electors  at 
such  meeting,  (except  so  far  as  the  same  may  be 
altered  in  the  manner  hereinafter  prescribed,)  and 
he  shall  receive  the  votes  of  all  persons  whose 
names  are  on  said  list,  and  he  shall  not  receive 
the  votes  of  any  person  whose  names  are  not  on 
Names  of  voters  said  lists.     And  the  names  of  the  electors  voting 

to  be  checked.       i     n  i_        i  *  • 

shall  be  checked  in  the  manner  prescribed  in  the 
Act  entitled  "  An  Act  to  provide  for  the  Registra- 
tion of  the  Names  of  the  Electors  of  this  State"; 


ELECTIONS.  21 

and  said  list  and  checks  thereon  shall  be  preserv-  ^ved°  be  pr* 
ed  in  the  manner  specified  in  said  Act.     And  said 
board  shall  be  in  session  during  the  time  of  vo- 
ting, for  the  purposes  only  which  are  specified  in 
the  proviso  to  the  14th  section  of  said  Act. 

SEC.   7.     Said  board,  while  in  session  under 
the  provisions  of  this  Act,  shall  examine  wit-  Board  to  exam. 
nesses  and  applicants  under  oath,  if  they  shall  in*  under  oath, 

.       j  -i  .  '  .,J  when  required. 

thereto  be  required  by  any  elector  of  said  town  ; 
and  any  person  so  examined  who  shall  be  guilty 
of  wilful  false  swearing,  upon  conviction  thereof, 
shall  suffer  the  punishment  prescribed  by  law  for 
the  crime  of  perjury. 

SEC.  8.     All  offences  against  the  provisions  of  Breaeh  of  Act 
this  Act  shall  be  punished  in  the  manner  provi-  how  punishable. 
ded  for  the  like  offences  in  the  Act  entitled  "  An 
Act  to  provide  for  the  Registration  of  the  Names 
of  the  Electors  of  this  State." 

SEC.  9.     All  acts  and  parts  of  acts  relating  to  Repealing    ac» 
election  and  the  admission  of  electors  and  incon-  nTrewuh?nt 
sistent  herewith,  are  hereby  repealed. 

Approved,  June  6,  1844. 


CHAPTER    XVII. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
to  regulate  the  Election  of  Senators  and  to 
divide  this  State  into  Districts  for  that  purpose." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the  Naugatucktobe- 
town  of  Naugatuck,  in  the  county  of  New  Haven,  senatorial6  D»V- 
shall  be  and  remain  a  part  of  the  Fifth  Senato- trict 
rial  District. 

Approved,  June  4,  1844. 


22  ELECTIONS. 


CHAPTER    XVIII. 

An  Act  to  provide  for  the  Registration  of  the 
Names  of  the  Electors  of  this  State. 

SEC.  1.     Be  it  enacted  by  the  Senate  and  House 

of  Representatives  in  General  Assembly  convened, 

who  to  consti-  That  the  selectmen  and  town  clerk  in  every  town 

tute  the  board,  in  tllis  gtate  ^n  constitute  a  board  to  make 

registration  of  the  names  of  the  electors  in  such 
town,  and  to  ascertain  and  determine  who  are 
entitled  to  vote  therein  for  all  the  officers  to  be 
elected  on  the  first  Monday  in  April,  annually, 

register   names  and  a^so  °^  a^  wno  are  entitled  to  vote  at  the 

and   Determine  next  and  each  successive  election  of  electors  of 

&c.-  Name  v°  of  President    and   Vice   President   of   the    United 

States  ;  and  said  board  shall  be  called  the  Board 

of  Registration. 

SEC.  2.     The  town  clerk  shall  officiate  as  clerk 

of  said  board,  and  in  case  of  his  absence,  said 

board  may  appoint  any  other  person  clerk  there- 

of, who  shall  be  sworn  to  a  faithful  discharge  of 

Mhcie?k°ffcithe  duty  ;  and  the  members  of  the  board,  before  they 

anTBoTrd^'U  enter  upon  the   duties  herein  prescribed,  shall 

sworn—  form  of  take  the  following  oath  :  —  You  each  of  you  sol- 

emnly swear  [or  affirm,  as  the  case  may  be]  that 

you  will  faithfully,  impartially  and  according  to 

your  best  judgment,  perform  the  duties  of  a  mem- 

ber of  the  Board  of  Registration,  for  the  current 

year,  in  conformity  with  the  laws  of  this  state  :  so 

help  you  God. 

SEC.  3.     It  shall  be  the  duty  of  the  board  in 
each  town,  in  the  month  of  March,  annually,  by 
diligent  inquiry,  to  ascertain  the  names  of  all  the 
Duty    of  the  electors  in  such  town  who  are  legally  qualified 
to  vote  for  a11  tne  officers  to  be  chosen  at  the 


toh°imkeV0iter8~f  nex^  s^ate  election,  and  also  of  those  who  are 

names-wh'ere°  entitled  to  vote  only  for  a  portion  of  them  ;  and 

Lmfho^  abu"hen-  they  shall  complete  separate  alphabetical  lists  of 

such  names,  and  lodge  the  same,  authenticated 

by  the  signatures  of  the  members  of  said  board, 

or  a  majority  of  them,  in  the  office  of  the  town 

clerk,  for  public  inspection,  on  or  before  the  third 

Monday  of  the  same  month. 


ELECTIONS.  23 


SEC.  4.  In  order  to  ascertain  who  are  legally  Board  when  to 
entitled  to  vote  at  the  election  of  electors  OfJ^SdSSS 
President  and  Vice  President  of  the  United  vjee .  President 

—  ,  ,  ,  ..  of    the     United 

otates,  at  the  next  and  at  each  succeeding  elec-  states,— to  make 
tion   of  such  electors,   said  board  shall  in  the  cater^ndTod'-e 
month  of  October  next  preceding  any  such  elec-  cllri??eoffi^ef B 
tion,  proceed  as  before  named,  to  make  out  an 
alphabetical  list  of  all  the  electors  who  are  enti- 
tled to  vote  at  such  elections  ;  which  list  shall  be 
authenticated  in  the  manner  named  in  the  prece- 
ding section,  and  lodged  in  the  office  of  the  town 
clerk,  on  or  before  the  third  Monday  of  the  same 
month. 

SEC.  5.     True  copies  of  said  lists,  attested  by  Copies  of  list  of 

,1          i      i         ,»   .j         r  j        i      11  i_    /»  .  i  Electors,     when 

the  clerk  ot  the   board,  shall,  on  or  before  said  and  where  post- 
third  Monday  of  March  and  said  third  Monday  ed- 
of  October,  be  posted  up  in  such  places  as  the 
inhabitants  of  the  town  at  any  lawful  meeting 
may  direct ;  and  in  case  of  failure  to  designate 
such  places,  the  board  shall  cause  copies  of  such 
lists  to  be  posted  upon  three  or  more  public  places, 
in  their  respective  towns. 

SEC.  6.  It  shall  be  the  duty  of  the  board  in 
each  town  to  meet  at  such  convenient  place  as 
they  may  appoint,  on  the  last  Monday  in  March, 
annually,  and  on  the  Monday  of  the  week  next 
preceding  any  election  of  electors  of  President 
and  Vice  President,  at  ten  o'clock,  A.  M.  on  said 
days,  to  correct  and  revise  such  lists ;  and  they 
shall  remain  in  session  for  that  purpose  and  for  „ 

i  «.  'ii      -ii          »   i       i     Board  of  Regis* 

the  purpose  hereinafter  prescribed,  till  5  o  clock,  tration,  when  and 
P.  M.  of  the  said  days,  with  the  liberty  of  any  ne-  7ev?M  ItetTtc.- 
cessary  recess  during  said  time  ;  and  said  board  t%ohosaTYoIS 
may  adjourn  from  time  to  time,  but  shall,  if  ne-  &c- 
cessary,  be  in  session  on  the  Saturday  next  prece- 
ding the  day  of  any  of  the  elections  aforesaid, 
from  ten  o'clock,  A.  M.  till  two  o'clock,  P.  M.  and 
longer,  if  necessary  to  perfect  such  list,  and  to 
examine  and  decide  upon  all  applications  to  be 
admitted  to  the  privilege  of  an  elector,  and  to 
administer  the  oath  by  law  provided  to  those  so 
found  to  be  qualified.     Any  person  claiming  to  be 
an  elector  in  such  town  shall  have  a  right  to  ap- 
ply to  said  board  for  the  registration  of  his  name, 
and  also  for  that  of  any  other  person  or  persons 
omitted  in  the  registry,  and  may  also  object  to 


24  ELECTIONS. 

the  registration  of  the  name  of  any  person, 
(either  inserted  by  the  board  or  proposed  to  be 
inserted)  on  the  ground  that  such  person  is  not 
legally  entitled  to  vote  in  said  town.  Said  board 
shall  make  such  erasures  from  and  such  additions 
to  the  lists  as  they  shall  find  to  be  necessary  to 
render  the  same  a  complete  and  perfect  registry 
of  the  electors  of  such  town,  entitled  to  vote  at 
those  elections  ;  which  lists  shall  also  be  authen- 
ticated as  aforesaid.  Provided,  that  the  name 
of  no  person  shall  be  erased  from  the  lists,  till 
he  shall  have  had  a  fair  opportunity  to  be  heard 
thereon. 

SEC.  7.     The  board  shall  give  notice  of  the 
time  and  place  of  holding  their  sessions  to  correct 
and  revise  the  registry  lists  upon  the  lists  posted 
Jivl    notice  o°fUp,  as  before  directed,  and  by  advertising  the 
r^fsen<thPeacns° same   m   one   or  more  newspapers,  if  any  are 
&c.-what   nc-  published  in  the  same  town.     And  in  addition  to 
hofci  iusfsrion  on  the  sessions  of  the  board  before  named,  they  shall 
tfon  f-Vh^re!0" no^  a  session  on  the  day  of  election,  before  the 
tohbe  r^tered*  °Penmg  °f  tne  electors'  meeting,  and  at  the  place 
'  where  said  meeting  is  held ;  which  said  session 
shall  be  for  the  purpose  of  admitting  and  regis- 
tering as  electors  of  such  towns,  those  applicants 
only,   legally  qualified  to   be  so  admitted,  who 
shall  have  attained  the  age  of  twenty-one  years, 
or  shall  have  become  qualified   by  virtue  of  a 
residence  in  the  town,  since  the  last  meeting  of 
the  board. 

SEC.  8.     Duplicate   copies   of  said  corrected 
lists  shall  be  made,  one  of  which  shall,  on  the 

Duplicate  copies  c,    ,  , .  ,  „ 

where  lodged  oaturday  next  preceding  any  day  ot  election  as 
o? ^sidi^o1^  aforesaid,  be  lodged  in  the  office  of  the  town  clerk 
cfercSto"rn8aH1teoS  bl^OT  Pu^lic  inspection ;  and  the  other  shall,  before 
checked  and  by  the  opening  of  the  polls  on  the  respective  days 

whom.  v  -i      *s  !•  •  i    i        IT  .1  J 

01  election,  as  aforesaid,  be  delivered  to  the  pre- 
siding officer  of  such  electors'  meetings,  who 
shall  conform  thereto  in  receiving  the  votes  for 
all  officers  to  be  elected  at  said  meetings,  except 
so  far  as  the  same  may  be  altered  in  the  manner 
in  this  Act  prescribed.  And  said  presiding  offi- 
cer shall  receive  the  votes  of  all  persons  whose 
names  are  on  said  lists  of  voters,  as  certified  by 
said  board,  and  he  shall  not  receive  the  vote  of 
any  person  whose  name  is  not  on  said  lists.  The 


ELECTIONS.  25 


name  of  each  elector,  at  the  time  of  voting,  shall 
be  checked  by  the  town  clerk  or  one  of  the  se- 
lectmen, or  by  one  or  more  persons  appointed  by 
them. 

SEC.  9.     The  original  official  list  of  voters,  as  The  listof  nameg 
made  out  by  the  board,  and  the  list  or  lists  used  .use,?  at  elections 

.  i         i  f      i  .11  i  to  be    lodged  in 

on  the  day  01  election,  with  the  marks  or  checks  Towncierk-sor 
upon  the  same,  shall,  by  the  presiding  officer  of  ?yce  fourmnou?s 
said  meeting,  within  twenty-four  hours  after  the  j?0ftuerrnment?  &t. 
final  adjournment  of  the  same,  be  lodged  in  the 
office  of  the  town  clerk,  where  the  same  shall  be 
kept  on  file  and  carefully  preserved. 

SEC.  10.     If  any  member  of  the  Board  of  Reg-  Penalty  on  offi. 
istration,  or  if  any  presiding  officer  of  an  elec-  cers  refusing  to 
tors'  meeting,  or  if  any  clerk  appointed  to  per-  penaXyW fraud 
form  the  service  specified  in  this  Act,  shall,  with-insaidofflces'&c- 
out  just  or  reasonable  cause  refuse  or  neglect  to 
discharge  any  of  the  duties  herein  prescribed,  he 
shall,  on  conviction,  be  subject  to  a  fine  of  two 
hundred  dollars,  payable  to  the  treasury  of  the 
county  in  which  said  officer  resides ;  and  if  said 
member,  presiding  officer  or  clerk  shall  be  guilty 
of  fraud  in  performing  said  duties,  he  shall  be 
subject  to  a  fine  of  five  hundred  dollars,  payable 
to  the  treasury  of  this  state,  or  to  imprisonment 
in  the  county  jail  for  a  term  of  time  not  exceed- 
ing six  months,  or  to  such  fine  and  imprisonment 
both,  at  the  discretion  of  the  court  having  cog- 
nizance of  the  same. 

SEC.  11.     If  any  person  shall  wilfully  give  a  Penal    for  glr. 
false  name  or  any  false  answer  to  the  Board  of  ing  a  false  name 

•n       •   A      i-  i.         •  •          i-        i-    11  f     c  -j.  ^i       or  answer  to  the 

Registration,  when  in  session,  he  shall  forfeit  the  board,  &c., 
sum  of  fifty  dollars,  to  be  paid  into  the  treasury 
of  the  state ;  and  if  any  person  whose  name  is 
not  on  the  registry  list,  shall  vote  or  attempt  to 
vote  at  either  of  the  elections  named  in  this  Act,  penalty  for 
on  the  assumed  name  of  any  other  person,  whose  n 
name  is  on  said  list,  he  shall,  on  conviction,  be 
subject  to  a  fine  of  one  hundred  dollars,  payable 
to  the  treasury  of  this  state,  and  to  one  year's  im- 
prisonment in  the  county  jail. 

SEC.  12.     The  selectmen   and  town  clerk  of-, 

,  •        i  •  i  -  f     i  nuty   °f  Select- 

the  several  towns  in  this  state,  in  lieu  01  the  time  men  and  Town 
now  by  law  provided  for  that  purpose,  shall  meet 
at  the  place  of  holding  electors'  meetings,  or  at 
such  other  place  as  shall  be  designated  by  said 
4 


26  ELECTIONS, 

towns  or  the  selectmen  thereof,  on  the  last  Mon- 
day of  March,  annually,  and  on  Monday  of  the 
week  next  preceding  any  election  of  the  Electors 
of  President  and  Vice  President  of  the  United 
States,  at  nine  o'clock,  A.  M.  of  said  days,  for  the 
purpose  of  examining  and  deciding  upon  all  ap- 
plications to  be  admitted  to  the  privileges  of  an 
elector,  and  shall  continue  in  session  for  that  pur- 
pose, and  for  the  purpose  hereinafter  prescribed, 
till  five  o'clock,  P.  M.  of  said  days,  if  so  long  a 
time  be  necessary,  and  may  adjourn  said  meet- 
ings from  time  to  time  :  Provided,  that  no  person 
shall  be  admitted  an  elector  on  any  day  of  elec- 
tion, except  such  as  shall  have  attained  the  age 
of  twenty-one  years,  or  shall  have  become  quali- 
fied by  virtue  of  a  residence  in  the  town,  since 
the  last  meeting  of  the  board. 

SEC.  13.     The  board  for  the  admission  of  elec- 

amine  applicants  tors,  may,  at  their  discretion,  and  shall,  at  the  in- 

SndMoSth8"— *    stance  of  any  person  an  elector  in  the  town  where 

iw«rtfn/°r  falSC  tne  board  may  sit,  examine  applicants  for  said 

privilege,  and  witnesses  under  oath  ;  and  if  any 

person  shall,  in  giving  his  testimony  before  such 

board,  be  guilty  of  wilful  false  swearing,  such 

person  shall,  upon  conviction  thereof,  suffer  the 

punishment   prescribed  by  law  for  the  crime  of 

perjury. 

SEC.  14.     Every  legally  qualified  elector  of  any 

town  in  this  state,  and  a  bonafide  resident  therein, 

shall  be  authorized  to  vote  in  any  other  town  in 

the   state,   for   Governor,  Lieutenant  Governor, 

Secretary,  Treasurer,  Comptroller  and  Electors  of 

President  and  Vice  President  of  the  United  States  ; 

and  any  such  elector  who  may  lawfully  vote  for 

Where  electors  Representatives,  in  any  town  in  the  congressional 

what^cTr's'—  district  in  which  he  resides,  or  who  shall  have  re- 

quaiifications  'of  sided  for  the  period  of  four  months  next  preceding 

electors  to  vote,  .  i  .          ,    ,.        .  ,      ,,  ,          •     , 

,&c.  m  such  congressional  district,  shall  be  authorized 

to  vote  in  any  town  in  the  congressional  district 
in  which  he  resides,  at  any  election  for  a  Member 
of  Congress,  in  said  district ;  and  any  such  elec- 
tor who  may  lawfully  vote  for  Representatives,  in 
any  town  in  the  county  in  which  he  resides,  or 
who  shall  have  resided  in  such  county  for  the  pe- 
riod of  four  months  next  preceding,  shall  be  au- 
thorized to  vote  in  .any  town  in  the  county  in 


ELECTIONS.  27 

which  he  resides,  at  any  election  for  Sheriff  for 
said  county  :  Provided,  if  such  elector  offers  his 
vote  in  any  other  town  than  the  one  in  which  he 
may  lawfully  vote  for  Representatives,  he  shall 
produce  a  certificate  from  the  town  clerk  of  the 
town  in  which  he  shall  have  been  admitted  an 
elector,  of  such  his  admission.  And  said  town 
clerk  and  selectmen,  in  addition  to  the  sessions 
prescribed  by  this  Act,  shall  be  in  session  during 
the  time  of  voting,  for  the  purpose  of  registering 
the  names  of  such  legally  qualified  electors  only 
as  reside  in  other  towns  than  the  one  in  which 
they  offer  to  vote  ;  and  the  certificates  required  by 
law  to  be  produced  by  such  electors,  shall  be 
placed  in  the  possession  of  the  town  clerk  who 
shall  preserve  the  same.  And  said  Board  of  Reg- 
istration shall  also  be  in  session  during  the  time  of 
voting,  for  the  purpose  of  registering  the  names 
of  such  persons  only  as  are  electors  resident  in 
said  town,  entitled  to  vote  for  Representatives 
therein,  and  who  have  theretofore  been  admitted 
or  registered  as  electors  of  said  town,  and  have 
been  omitted  on  said  list  by  mistake  ;  but  no 
person  whose  name  has  been  refused  registration 
at  any  former  meeting  of  the  board  shall  be  per- 
mitted to  make  application  for  the  registration  of  Penalty  for  Vo. 
his  name  during  said  time  of  voting.  And  if  any  tin« in  more  than 

,      .  ,  i      it  •  ,i_         one  town  on  the 

person  being  an  elector  shall  vote  in  more  than  same  day,  &«, 
one  town  on  the  same  day  for  Representatives  or 
Senator,  or  for  either  of  the  officers  named  in 
this  section,  he  shall,  on  conviction  thereof,  suffer 
imprisonment  in  the  county  jail  for  the  term  of 
one  year,  and  be  subject  to  a  fine  of  fifty  dollars, 
payable  to  the  treasury  of  this  state. 

SEC.  1 5.     Whenever  an  adjourned  meeting  of 
the  electors  of  any  town  shall  be  held  for  a  choice 
of  a  Representative  or  Representatives   to  the 
General  Assembly,  said  Board   of  Registration 
shall  also,  at  the  place   where  said   meeting  is 
held,   hold  a  session  on  the  day  of  election,  pre- 
vious to  the  opening  of  the  meeting ;  which  said 
session  shall  be  only  for  the  purpose  of  register-  Adjourned  Meet- 
ing the  names  of  such  electors  as  shall  have  be-  'S^ol^'^ieg- 
come  qualified  to  vote  for  Representative  or  Rep-  ho^lS%     and 
resentatives  in  said  town,  since  the  last  meeting 


28  ELECTIONS. 

of  the  electors  of  said  town  by  completing  a 
four  months'  residence  therein.  And  the  Board 
of  Registration  shall  receive  for  their  services 
under  this  Act,  such  compensation  as  the  town 
may  direct,  payable  out  of  the  town  treasury. 

SEC.  16.     Any  person  who  shall  wilfully  teai 
down  or  deface  any  registry  list  which  shall  have 

Penalty  for  de-  been  posted  up  bv  order  of  the  Board  of  Regis- 
facing  &c.,  reg-  r  .  *         ,     ,,  .  ,        ' 
istryiists.         tration  in  any  town,  shall,  on  conviction  thereof , 

be  subject  to  a  fine  of  seven  dollars,  payable  to 
the  treasury  of  the  town. 

SEC.  17.  So  much  of  the  Act  passed  in  1842, 
entitled  "  An  Act  regulating  Elections,"  as  re- 
quires a  record  of  every  person  depositing  his 
vote,  and  so  much  of  the  same  as  re-enacts  any 
part  of  the  Act  passed  at  the  special  session  of 
Qeneral  Assembly  begun  and  held  on  the 
twenty-first  day  of  December,  1836,  which  is  in- 
consistent with  this  Act,  and  also  so  much  of  the 
said  Act  of  1842  as  is  inconsistent  with  this  Act, 
and  all  Acts  or  parts  of  Acts  relating  to  elections 
and  admission  of  electors,  inconsistent  herewith, 
are  hereby  repealed.  Provided,  that  all  offend- 
ers against  said  Act  or  Acts,  or  any  of  them, 
may  be  prosecuted,  convicted  and  punished  in 
the  same  manner  as  if  said  Act  or  Acts  were  not 
repealed. 

Approved,  June  6,  1844. 


FERRIES. JURYMEN.  29 


CHAPTER    XIX. 

An  Act  in  alteration  of  an  Act  entitled  "  An  Act 
relating  to  Ferries,"  and  in  alteration  of  "  An 
Act  in  addition"  thereto. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  the  Aitenn?  the  fare 
fare  for  a  man,  horse  and  load,  at  Enfield  and  suffiefdFeri'y 
Suffield    Ferry,  at  the  mouth  of  Fresh  Water 
brook,  in  future  be  six  and  a  quarter  cents ;  and 
and  for  each  four-wheeled  carriage,  drawn  by 
one  horse,  in  future  be  twelve  and  a  half  cents ; 
and  that  so  much  of  said  Acts  as  is  inconsistent  Repealing  acu 
with  the  provisions  of  this  Act,  be,  and  the  same    '"health?1 
is  hereby  repealed. 

Approved,  May  31,  1844. 


CHAPTER   XX. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
prescribing  the  number  of  Jurymen  for  each 
town  in  this  State." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convend,  That  the  Number  of  Jury 

„  .-T  i      •      TVT          TT  in    meninNauga- 

town  of  Naugatuck,  in  New  Haven  county,  shall        tuck. 
be  and  is  hereby  entitled  to  select  seven  jurymen 
and  no  more,  in  the  manner  and  for  the  purpos- 
es prescribed  in  the  Act  regulating  Civil  Actions  ; 
and  that  the  town  of  Waterbury,  in  New  Haven  Number  in  w». 
county,  shall  hereafter  be  entitled  to  select  twelve terbury- 
jurymen,  and  no  more. 

Approved,  June  4, 1844. 


30  NOTARIES. PETITIONS. 


CHAPTER    XXI. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
authorizing  the  Governor  to  appoint  a  Secre- 
tary and  Notaries  Public." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That  all 
commissions  of  Notaries  Public  granted  prior  to 
when  to  expire. '  the  second  day  of  May,  1844,  shall  expire  on  the 
20th  day  of  June,  1844  ;  any  law  to  the  contrary 
notwithstanding. 

Approved,  May  31,  1844. 


CHAPTER    XXII. 

An  Act  in  addition  to  an  Act  concerning  Peti- 
tions and  Memorials  to  the  General  Assembly. 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
Notice  to  be  giv-  resentatives  in  General  Assembly  convened,  That 
Ing'c^rt^peu-  no  petition  for  the  incorporation  of  a  railroad  or 
tions.  canal  company,  or  for  an  alteration  in  the  chart- 

er of  any  such  company,  shall  hereafter  be  heard 
by  the  General  Assembly,  unless  public  notice 
thereof  shall  be  given  by  advertisement,  setting, 
forth  the  route,  as  near  as  may  be,  of  such  pro- 
posed railroad  or  canal,  or  the  proposed  alteration 
of  such  charter,  in  some  newspaper  printed  in 
the  county  where  such  railroad  or  canal,  or  some 
part  thereof  is  located  or  proposed  to  be  located, 
or  if  there  be  no  newspaper  printed  in  such 
county,  then,  in  a  newspaper  printed  in  an  ad- 
joining county,  at  least  three  weeks  before  the 
first  day  of  the  session  in  which  such  hearing  is 
Proviso.  had.  Provided,  that  nothing  herein  shall  be  so 

construed  as  to  dispense  with  any  other  notice 
required  by  law. 

Approved,  June  7,  1844. 


PROBATE     DISTRICTS.  31 


CHAPTER    XXIII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
constituting  and  regulating  Courts,  and  ap- 
pointing the  times  and  places  for  holding  the 
same." 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  in  General  Assembly  convened,  That  Avon  constitute^ 
the  town  of  Avon  be  arid  hereby  is  constituted  a  a     Met 
Probate  District,  by  the  name  of  the  District  of 
Avon.     Provided,   however,   that    all   matters   of 
business  begun  or  entered  in  the  Court  of  Probate  Pr 
for  the  District  of  Farmington  shall  be  completed 
therein,  in  the  same  manner  as  if  this  Act  had 
not  passed. 

Approved,  June  6,  1844. 


CHAPTER    XXIV. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  constituting  and  regulating  Courts,  and  for 
appointing  the  times  and  places  of  holding  the 
same." 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  Thai;  the  beionggatoC  the 
town  of  Naugatuck  shall  be  and  constitute  aJfiS&ti 
part  of  the  Probate  district  of  Waterbury.     Pro- 
vided, however,  that  all  matters  and  business  begun  Provi80- 
or  entered  in  the  Court  of  Probate  for  the  district 
of  New  Haven  shall  be  completed  therein,  in  the 
same  manner  as  if  this  Act  had  not  been  passed. 

Approved,  June  4,  1844. 


32  PROBATE     DISTRICTS  . S  ECRETARY 


CHAPTER  XXV. 

An  Act  in  alteration  of  an  Act  entitled  "  An  Act 
in  addition  to  the  Act  entitled  '  An  Act  rela- 
ting to  Guardians  and  Minors.' " 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  convened,  That 
whenever  any  guardian  shall  have  rendered  his 
nuaiUaccoaunStsaof  account  against  his  ward,  and  upon  adjustment 
when  notrequir-of  such  account  by  the  Court  of  Probate  it  shall 
appear  that  the  whole  estate  of  such  ward  is  less 
than  five  hundred  dollars,  in  such  case  it  shall 
not  be  the  duty  of  the  guardian  to  render  his 
account  thereafter  annually,  but  such  guardian 
shall  render  his  account  thereafter  when  thereto 
required  by  the  Court  of  Probate. 

Approved,  May  28,  1844. 


CHAPTER    XXVI. 


An  Act  relating  to  the  Books  and  Papers  of  the 
late  "  Connecticut  Land  Company." 

• 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 
secretary  topre-^  s^a^  ^e  ^e  ^utv  °f tne  Secretary  of  this  State 
serve  the  books,  to  preserve  the  original  books  and  papers  of  the 
copies.""10     velate  Connecticut  Land  Company,  in  some  safe 
and  convenient  place  in  the  state-house  in  Hart- 
ford ;   and  when  requested  he  shall  make  and 
attest   copies   thereof,   in  the   same  manner  as 
other  copies  of  records  and  papers  in  his  office 
are  authenticated,  which  shall  in  all  cases  be 
admitted  as  legal  evidence. 

Approved,  June  6,  1844. 


SLAVES.  33 


CHAPTER    XXVII. 

Ail  Act  to  repeal  an  Act  therein  mentioned  and 
for  other  purposes. 

Whereas,  it  has  been  decided  by  the  Supreme 
Court  of  the  United  States,  since  the  passing 
of  the  Act  of  1838,  entitled  "An  Act  for  the  Preamble. 
Fulfilment  of  the  Obligations  of  this  State  im- 
posed by  the  Constitution  of  the  United  States, 
in  regard  to  Persons  held  to  service  or  labor  in 
one  State  escaping  into  another,  and  to  secure 
theRight  of  Trial  by  Jury,  in  the  cases  therein 
mentioned,"  that  both  the  duty  and  the  power  of 
legislation  on  that  subject  pertain  exclusively 
to  the  JNational  Government ;  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Rep-  „  „  „  „     .. 

y  •>          ~    Repealing  act  of 

resentatwes  in  (jreneral  Assembly  convened,  1  hat  isas,  and  act  in 
the  Act  aforesaid  and  the  Act  in  alteration  there-  of,Ta39°n  ' 
of,  passed  in  1839,  be,  and  the  same  are  hereby 
repealed. 

SEC.    2.     No  judge,  justice  of  the  peace,  or 
other  officer   appointed  under  the  authority  of  Prohibiting  ar. 
this  state  shall  be  authorized,  as  such,  to  make,  «st  or  detention 

„  '  of  fugitive  slaves. 

issue  or  serve  any  warrant  or  process  lor  the 
arrest  or  detention  of  any  person  claimed  to  be 
a  fugitive  from  labor  or  service,  as  a  slave,  under 
the  laws  of  any  other  state  or  country,  escaping 
into  this  state,  or  to  grant  a  certificate  of  the 
title  of  any  claimant  to  the  service  of  any  person 
so  claimed  to  be  a  fugitive  as  aforesaid,  with  a 
view  to  his  detention  or  removal  out  of  this  state : 
and  any  warrant,  process,  or  certificate  so  issued  or 
granted  by  any  judge,  justice  of  the  peace  or  other  y  . 
officer  of  this  state,  shall  be  utterly  null  and  void, 
and  shall  constitute  no  justification  for  any  acts 
done  under  the  same.  Provided,  nevertheless,  that  Provlgo< 
nothing  in  this  Acttcontained  shall  be  construed  to 
impair  any  rights  which1  by  the  Constitution  of 
the  United  States  may  pertain  to  any  person  to 
whom  labor  or  service  may  be  due  by  the  laws 
of  any  other  state,  from  any  fugitive  escaping 
into  this  state,  or  to  prevent  the  exercise  in  this 
5 


34  SOCIETIES. 

state  of  any  powers  which  may  have  been  con- 
ferred by  Congress,  on  any  judge  or  other  officer 
of  the  United  States  in  relation  thereto. 

Approved,  June  6,  1844. 


CHAPTER   XXVIII. 

An  Act  to  Incorporate  the  Philological  Society. 

SEC.  1 .  Be  it  enacted  by  the  Senate  and  House 
of  Representatives  in  General  Assembly  convened, 
That  James  Murdock,  William  Tully,  A.  B.  Cha- 
incorpo- pm?  josiah  W.  Gibbs,  Romeo  Elton,  Theodore 
D.  Woolsey,  Edward  E.  Salisbury,  Charles  Win. 
Bradley,  James  L.  Kingsley,  Erasmus  D.  North, 
and  William  A.  Larned,  their  associates  and  suc- 
cessors, be,  and  are  hereby  created,  constituted  and 
declared  to  be  a  body  politic  and  corporate,  by 
mton.  °f  corp°' tne  name  of  tne  Philological  Society  ;  and  by 
that  name  they,  their  associates  and  successors, 
may  and  shall  have  perpetual  succession,  shall 
be  capable  of  suing  and  being  sued,  pleading 
and  being  impleaded,  defending  and  being  de- 
fended in  all  courts  and  places  whatsoever  ;  and 
also  to  purchase,  receive,  hold  and  convey  any 

Limitation  of  es  ,  J          / 

tate.  estate,  real  or  personal,  to  an  amount  not  exceed- 

ing twenty-five  thousand  dollars  ;  and  may  have 
and  use  a  common  seal,  such  as  they  may  devise, 
and  the  same  alter  at  pleasure  ;  may  elect  offi- 
cers and  establish  rules  relative  to  the  admission 
of  future  members,  and  may  ordain,  establish, 
Empowered  to  and  put  in  execution  such  by-laws  and  regula- 

rnake  by  laws,  tions  not  contrary  to  the  provisions  of  this  char- 
ter, the  laws  of  this  state  or  of  the  United  States, 
as  shall  be  deemed  necessary  or  expedient  for 
the  government  of  said  corporation. 

when  no  eiec-       ^ECt  ^"     ^  ^  sna^  so  happen  that  an  election 
tionishcid,cor-  of  any  annual  officer  or  officers  of  said  corpora- 

poration  not  die-   .•  V      ,,  ,     ,  ,  ,   ^,     *. 

•oived  therefor,  won  shall  not  take  place  in  any  year  at  the  time 
appointed  therefor,  said  corporation  shall  not  for 


TAXES.  35 

that  reason  be  dissolved,  but  such  election  may 
be  held  thereafter,  and  such  officer  or  officers 
may  exercise  his  or  their  official  functions  until 
a  new  election  be  made. 

SEC.  3.      All   the   estate,   real   and   personal,  Egtate  exempt 
which  may  at  any  time  be  owned  by  said  corpo-  from  taxation. 
ration  shall  be  exempt  from  taxation,  so  long  as 
the  same  shall  be  used  and  the  avails  and  income 
thereof  shall  be  devoted  to  and  expended  in  the 
objects  and  purposes  of  philological  science. 

SEC.  4.     The  first   meeting  to    organize  said  Time  of  holding 
corporation  under  the  provisions  of  this  charter,  fnrgmary    mcet" 
shall  be  holden  on  Tuesday,  the  4th  day  of  June, 
1844,  at  the  residence  of  James  Murdock,  at  8 
o'clock,  P.  M. 

SEC.  5.     This  Act,  or  any  part  thereof,  may  be 
altered  or  repealed,  at  the  pleasure  of  the  Gen-  Ac 
eral  Assembly. 


CHAPTER    XXIX. 

An  Act  to  confirm  the  proceedings  of  a  meeting 
of  the  Commissioners  of  the  County  of  Mid- 
dlesex, and  the  Representatives  of  the  towns  of 
said  County. 

Whereas,  at  a  meeting  of  the  Commissioners  of 
Middlesex  County  and  the  Representatives  of  preamble, 
the  towns  in  said  county,  held  at  Haddam,  in 
the  county  aforesaid,  on  the  25th  day  of  De- 
cember, 1843,  it  was  voted  that  a  tax  of  seven 
and  a  half  mills  on  the  dollar  be  laid  on  all  the 
polls  and  rateable  estate  of  said  county,  on 
the  lists  of  1843,  to  be  collected  and  paid  into 
the  treasury  of  said  county,  on  or  before  the 
first  day  of  July,  1844,  (five  and  a  half  mills 
of  which  being  for  the  purpose  of  erecting  a 
jail  in  the  town  of  Haddam  aforesaid,  in  such 

1  1  0 

manner   that  it  will  answer  the  purpose  of  a 
jail  and  county  work-house,  and  two  mills  of 


36  TAXES. 

which  being  for  the  ordinary  expenses  of  said 
county,)  and  inasmuch  as  there  are  doubts 
whether  the  proceedings  of  said  meeting  and 
the  tax  so  laid  as  aforesaid  were  in  all  respects 
according  to  law,  in  consequence  of  the  as- 
sessment lists  of  1843,  of  the  several  towns 
aforesaid  not  having  then  been  made,  corrected 
and  completed  so  as  to  be  the  rule  for  the 
county  tax  aforesaid  to  be  levied  and  appor- 
tioned thereon,  according  to  law.  Therefore — 

Be   it   enacted  by    the   Senate   and  House   of 

Representatives   in    General  Assembly    convened, 

That  the  proceedings  and  vote  of  the  meeting  of 

Confirming   tax  the  commissioners  and  representatives  aforesaid, 

laid    on  list   not         n  ,1  -^jj^i 

completed.  so  far  as  the  same  were  intended  to  lay  a  tax  on 
the  polls  and  rateable  estate  of  said  county,  on 
the  list  of  1843,  shall  not  be  deemed  to  be  inval- 
id in  consequence  of  said  list  not  having  then 
been  made,  corrected  and  completed,  as  by  law 
required,  but  the  same  shall  be,  and  hereby  are 
f  declared  to  be  as  valid  to  all  intents  and  purpo- 
ses as  if  the  list  of  1843,  in  each  town  in  said 
county  had  been  and  then  was  in  all  respects 
completed  and  perfected  as  by  law  required. — 

Proviso.  Provided,  however,  that  nothing  herein  contained 

shall  be  so  construed  as  to  validate  any  other  de- 
fect, if  any,  in  the  proceedings  of  the  said  com- 
missioners and  representatives. 

Approved,  June  7, 1844. 


CHAPTER  XXX. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  the  Assessment  of  Taxes." 

Be   it   enacted  by   the   Senate    and    House   of 
Persons  of  coi-  Representatives    in    General  Assembly   convened. 

or  exempt  from  rpv.     .    ,1  •,  ,  ,  nj 

uxauon.  -lhat  the  personal  and  real  estate  of  any  person 

of  color  in  this  state  shall  be  exempt  from  taxa- 


TAXES.  37 

tion.     Provided,  that  this  Act  shall  not  be  con- 
strued to  effect  any  list  heretofore  made  and  com-  Proviso- 
pleted,  or  any  tax  which  is  now  or  may  hereafter 
be  laid  thereon. 

^ ..</»•< '^jirt-if- >i»  •*&&*>  ;.»ii;  "k> 
Approved,  June  7,  1844, 


CHAPTER   XXXI. 

An  Act  confirming  the  Assessment  of  Taxes. 

Bz  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in   General  Assembly  convened,  That 
the  several  provisions  of  the  Act  passed  in  1833,  Act  of  1833  re_ 
entitled  "  An  Act  in  addition  to  an  Act  entitled  enacted  and  pro- 
*  An  Act  providing  for  the  Collection  of  Taxes/  "  e«ended. 
be,  and  the  same  are  hereby  re-enacted  and  ex- 
tended to  all  cases  to  which  the  same  would  be 
applied  if  said  Act   were  now  for  the  first  time 
enacted ;  and  that   the   provisions   of  this   Act 
shall  be  applicable  to  the  proceedings  of  assess- 
ors and  board  of  relief  of  cities  as  well  as  towns. 
Provided,  that  no  claim  which  is  the  subject  of  Proviso. 
any  suit  now  pending,  shall  be  in  any  manner  af- 
fected by  the  provisions  of  this  Act. 

Approved,  June  6,  1844, 


CHAPTER    XXXII. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act 
for  the  due  Observation  of  the  Sabbath  or 
Lord's-day,  and  days  of  public  Fasting  and 
Thanksgiving." 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 


38  TOWNS. 

the  provisions  of  the  fifth  and  sixth  sections  of 
p^ovuniennsgofhnnthe  aforesaid  Act  be,  and  the  same  are  hereby 

Act  therein  nam-exten(Je(J    to    ^    pub}jc  meetings    of  all   Tempe- 
rance meetings,  ranee  Societies,  or  any  meeting  for  the  promotion 
of  the  cause  of  temperance  in  this  state. 

Approved,  June  7,  1844. 


CHAPTER    XXXIII. 

An  Act  to  make  valid  the  doings  of  a  Town 
Meeting  therein  named. 

Preamble.  Whereas,  at  the  annual  town  meeting  of  the 
town  of  Meriden,  held  on  the  first  Monday 
of  October,  A.  D.  1843,  the  town  clerk  of 
said  town  being  absent,  the  selectmen  of  said 
town  appointed  a  clerk  pro  tern,  in  place  of 
one  being  appointed  by  said  meeting,  as  the 
law  in  such  cases  provides  ;  now  therefore — 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 
meelfngfn'S tne  appointment  of  said  clerk  pro  tern,  and  all 
den  made  valid,  the  doings  of  said  annual  town  meeting,  in  all 
other  respects  done  in  accordance  with  law,  shall, 
and  are  hereby  declared  to  be  valid  and  binding 
as  they  would  have  been  had  said  clerk  pro  tern. 
been  appointed  by  said  meeting. 

Approved,  May  21,  1844. 


TOWNS.  39 


CHAPTER    XXXIV. 

An  Act  providing  the  mode  of  establishing  Dis- 
puted Lines  between  Adjoining  Towns. 

Be  it  enacted  by  the  Senate  and  House  of 
Representatives  in  General  Assembly  convened, 
That  in  all  cases  wherein  a  dispute  exists  or 
«hall  exist  in  regard  to  the  divisional  line  be- 
tween any  two  adjoining  towns,  or  any  part  or 
parts  of  such  line,  and  a  majority  of  the  select- 
men of  one  of  said  towns  shall  not  be  able  to 
agree  with  a  majority  of  the  selectmen  of  the 
other  of  said  towns,  as  to  the  place  or  places  of 
such  divisional  line,  or  part  or  parts  thereof,  it 
shall  be  the  duty  of  the  Superior  Court,  upon  ^henl. 
application,  to  appoint  a  committee  of  three  i u-  to  appoint  a  com- 

tfr.  •.    j.    .     *  ,     j  n  j        ,1      mitlee  to  fix  dis- 

uicious  and  disinterested  persons  to  nx  and  estab-puted  lines, 
lish  said  disputed  line,  or  part  or  parts  thereof, 
and  to  erect  and  establish  suitable  monuments 
to  designate  the  same.     And  when  said  commit- 
tee shall  have  so  fixed  and  established  said  line.   „ 

_  .  '     Committee  to 

or  part  or  parts  thereoi,  and  erected  and  estab-  make  report 
lished  such  monuments,  they  shall  make  report 
of  their  doings  to  said  Superior  Court ;  and  when 
said  report  shall  have  been  accepted  by  said 
Superior  Court,  and  the  same,  together  with  the 
record  of  the  acceptance  thereof  shall  have  been 
recorded  in  the  records  of  said  towns  respective- 
ly, or  lodged  for  the  purpose  of  being  so  recorded 
with  the  town  clerks  of  said  towns  respectively, 
by  any  of  the  selectmen  of  either  of  said  towns, 
said  line,  or  part  or  parts  thereof  so  fixed  and 
established,  shall  forever  thereafter  be  deemed 
and  taken  to  be  the  true  divisional  line  between 
said  towns.  And  it  shall  be  in  the  discretion  of 
said  Superior  Court  to  allow  or  refuse  costs  to  fo^co1*  at°du- 
or  against  either  of  said  towns,  or  apportion  the  cretion. 
same  between  them,  as  to  said  court  may  seem 
equitable.  Said  court  may  issue  execution  for 
the  recovery  of  said  costs  as  occasion  shall  re- 
quire. Provided  nevertheless,  that  before  said 
committee  shall  proceed  to  fix  or  establish  said 


40  TURNPIKES. 

line,  or  part  or  parts  thereof,  or  monuments  as 
aforesaid,  notice  shall  be  given  by  said  commit- 
tee to  said  towns  respectively,  of  the  time  and 
place  of  their  meeting  to  attend  to  the  duties  of 
their  appointment,  at  least  twenty  days  previous 
to  the  time  of  such  meeting  ;  the  service  of  which 
selectmen  to  be  notice  shall  be  upon  a  majority  of  the  selectmen 
notified.  of  each  of  said  towns  respectively,  and  also  by 

setting  the  same  upon  one  sign-post  at  least,  in 
each  of  said  towns.  And  all  parties  interested 
shall  be  entitled  to  be  heard  before  said  com- 
mittee. And  provided  further,  that  before  said 
committee  shall  proceed  to  fix  or  establish  said 
line,  or  part  or  parts  thereof,  as  aforesaid,  they 
committee,  lobe  shall  be  sworn  faithfully  and  impartially,  accord- 
ing to  the  best  of  their  abilities,  to  execute  the  du- 
ties of  their  appointment. 

Approved,  June  G,  1844. 


CHAPTER    XXXV. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act 
relating  to  Turnpike  Roads." 

Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened,  That 
Directors  of   whenever  the  gate  or  gates  on  any  turnpike  road 
L"eTwheCn°mapnaci are  thrown  open  by  the  commissioners  on  such 
notified0^  makeroad'.  in   consequence    of  such  road  not  being 
repairs.  kept  in  good  and  sufficient  repair,  upon  the  com- 

plaint and  application  of  twenty  electors  of  the 
town,  or  either  of  the  towns  through  which  the 
said  road  passes,  to  the  selectmen  of  the  town  or 
any  of  the  towns  in  which  the  said  road  is  out 
of  repair,  to  have  the  same  repaired,  said  select- 
in  case  of  neg-  men  shall  notify  .the  directors  of  such  company, 
InorizeT™  re"- or  any  one  of  such  directors  of  such  complaint ; 
^d  charge roTerand  if»  after  such  complaint  and  notice  said  corn- 
expense  to  the  pany  shall  neglect  or  refuse  to  put  said  road  in 

company.  •.  * 

repair,  to  the  acceptance  ol  the  commissioners 


WINES    AND    8PIRITOU8    LIQUORS.  41 

thereon,  for  the  term  of  thirty  days,  the  select- 
men of  such  town  or  towns  shall,  if  so  directed 
by  a  legal  meeting  of  the  inhabitants  of  such 
town  or  towns,  repair  such  portion  of  the  said 
road  as  is  within  the  limits  of  the  said  town  or 
towns  respectively,  at  the  expense  of  such  town 
or  towns,  and  to  make  an  account  of  the  expense 
of  such  repairs  and  lodge  the  same  with  the  treas- 
urer of  the  town  where  such  expense  accrued. 
And  said  treasurer  shall  thereupon  notify  the  di- 
rectors or  one  of  the  directors  of  said  company,  or  ^e 
the  secretary  or  agent  thereof  of  such  bill  of  ex- 
pense :  and  no  company  against  whom  such  ex- 
penses have  accrued  as  aforesaid,  shall  shut, 
erect  or  keep  up  any  toll-gate,  or  claim  or  re- 
ceive any  toll  on  such  road  until  they  have  first 
paid  said  bill  or  bills  of  expense  to  the  town  or 
towns  having  made  the  repairs  aforesaid. 

Approved,  June  4,  1844. 


CHAPTER   XXXVI. 

An  Act  to  prohibit  the  retailing  of  Wines  and 
Spiritous  Liquors  on  public  days  and  at  other 
times. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives   in  General  Assembly   convened,  That  &ca.,c  when"  an'd 
hereafter,  no  person  or  persons  shall  directly  or  ^"*     f°rb'd 
indirectly  sell  or  offer  for  sale  at  retail,  any  wines 
or  spiritous  liquors  in  the  open  fields,  commons, 
highways  or  turnpikes,  or  at  any  tent,  booth,  stage- 
stand,  or  other  place  erected  or  located  for  a  tem- 
porary purpose  on  a  public  day,  or  on   days  of 
camp-meetings,  or   on  any  temporary  occasion  penalty, 
whatever,  on  penalty  of  a  fine  of  seven  dollars  for 
each  offence,  to  be  paid  into  the  town  treasury 
where  the  offence  is  committed,  on  conviction 
thereof  by  due  process  of  law. 

SEC.  2.     No  gaoler  or  innkeeper  connected  with  inhibition  to 
any  gaol  shall  be  allowed  to  keep  for  sale  on  his 

6 


42  WINES      AND      SPIRITOUS     LIQ.UORS. 

premises,  after  the  first  Monday  of  January  next, 
or  after  the  expiration  of  his  present  license,  any 
wines  or  spiritous  liquors,  or  allow  the  same  to  be 
kept  for  sale  by  others,  or  to  be  given  to  any  pris- 
oner, except  as  medicine,  or  when  prescribed  by 

Penalty.  a  physician ;  and  any  breach  of  this  section  shall 

subject  such  gaoler  to  a  fine  of  seventeen  dollars, 
for  the  use  of  the  town  where  such  gaol  is  located, 
to  be  recovered  before  any  court  having  cogniz- 
ance of  the  offence. 

It  shall  be  the  duty  of  constables  and  inform- 

Constabies  u>  ing  officers  to  make  complaint  of  any  person  or 
ompiaint.  persons  who  shall  vioiate  this  Act ;  and  any  jus- 
tice of  the  peace  is  authorized  to  entertain  such 
complaint. 

''    Approved,  June  7,  1844. 


43 


PROPOSED  AMENDMENT  TO  THE 
CONSTITUTION. 

At  a  General  Assembly  of  the  State  of  Connecti- 
cut, holden  at  New  Haven,  on  the  first  Wednes- 
day of  May,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-four : — 

Resolved,  by  the  House  of  Representatives,  That 
the  following  be  proposed  as  an  amendment  of 
the  Constitution  of  this  state,  as  a  substitute  for 
the  second  section  of  the  sixth  article  of  the  Con- 
stitution, and  of  the  amendment  of  said  second 
section ;  which  proposed  amendment,  when  ap- 
proved and  adopted  in  the  manner  prescribed  by 
the  Constitution,  shall  be  to  all  intents  and 
purposes  a  part  thereof, — to  wit : 

Every  white  male  citizen  of  the  United  States, 
who  shall  have  attained  the  age  of  twenty-one 
years,  who  shall  have  resided  in  this  state  for  a 
term  of  one  year  next  preceding,  and  in  the  town 
in  which  he  may  offer  himself  to  be  admitted  to 
the  priviliges  of  an  elector  at  least  six  months 
next  preceding  the  time  he  may  so  offer  himself, 
and  shall  sustain  a  good  moral  character,  shall, 
on  his  taking  such  oath  as  may  be  prescribed  by 
law,  be  an  elector. 

Resolved,  That  the  foregoing  proposed  amend- 
ment to  the  Constitution  of  this  state,  be  continued 
to  the  next  session  of  the  General  Assembly  of 
this  state,  to  be  holden  at  Hartford,  on  the  first 
Wednesday  of  May  next,  and  be  published  with 
the  laws  of  this  state  passed  at  the  present  session. 

HOUSE  OF  REPRESENTATIVES,  ) 
June  1st,  1844.  \ 

Passed.     Yeas  132,— Nays  12. 

Luc's.  G.  PECK,  Clerk  H.  of  R. 

CHARLES  H.  TUTHILL,  Ass't  Clerk  H.  of  R. 


STATE  OF  CONNECTICUT,  ss.  ) 

SECRETARY'S  OFFICE,  June  28th,  1844.  j 

I  HEREBY  CERTIFY,  That  I  have  compared  the 
printed  copy  of  the  Acts  contained  in  this  pam- 
phlet, with  the  original  Acts,  as  engrossed  and 
passed  by  the  Legislature,  and  find  the  same  to 
be  correct. 

DANIEL  P.  TYLER, 

Secretary  of  State. 


INDEX 


A. 

Actions  removeable  from  county  court  when  the  judge  is  disqualified  ;    14 
civil ;  act  concerning  .  .  .  .13 

Amendment  to  the  constitution;  proposed  ...  43 

Assessment  of  taxes ;  acts  concerning  .  .  .    36, 37 

Auditors  on  settlement  of  estates  ;  powers  and  duties  of         .  15 

Avon  constituted  a  probate  district ;.  ",.-..  *  •        31 

B. 

Bank  incorporated ;  Danbury  ...  4 

Fairfield  County ;  addition  to  and  alteration  of  an  act  incor- 
porating ...  4 
Branch  of  abolished ;      .                .                .    ,     4 
stock  by  proxy,  repealed ;  act  to  prohibit  voting  on        .  6 
Whaling  ;  alteration  of  act  incorporating 
Banks ;  act  in  addition  to  an  act  concerning               .               . 

act  concerning      .  .  .  .  .6 

Bank   Commissioners ;  proceedings  in  case  of  refusal  to  answer 

questions  of,  &c.          .  .  .  ,3 

Board  of  registration.     (See  Registration.) 

Bridgeport;  act  relating  to  city  of  .  .  .  12 

selectmen  of  to  make  assessment  on  liquidated  liabilities  ;  12 

c. 

Colored  persons  exempt  from  taxation  ;  real  estate  of  .36 

Commissioners  bank,  power  of  limited ;    .  .  .  3 

county,  to  try  certain  cases ;      .  .  .14 

on  insolvent  estates  ;  appeals  from  .  ,  15 

and  representatives  of  Middlesex  co. ;  act  to  confirm 

proceedings  of .  .  ,  ,,...„ 

Common  council  in  Hartford  empowered  to  make  by-laws ; 

in  New  Haven,  may  authorize  removal  of  buildings  ; 
quorum  in  court  of 
may  employ  persons  to  pave,  &c. 

Connecticut  Land  Company ;  act  relating  to  books  and  papers  of    . 
Constitution;  proposed  amendment  to     .  .  . 

Conveyances  fraudulent ;  act  in  addition  to  an  act  concerning 
Costs,  taxation  of  on  injunctions  ; 

on  settlement  of  disputed  lines  ;        .  . 

Court  of  common  council    (See  Common  Council.) 


46                                                             INDEX. 
^_^^^^ ^.^ — — — -— • — 

Court  county,  appealeable  actions  removed  from  when  the  judge  is 

disqualified ;                          .                 .                .  14 
superior,  authorized  to  appoint  auditors  in  certain  cases  of 

appeal  from  commissioners ;                    .  15 
to  appoint  a  committee  to  fix  disputed  lines  39 
jurisdiction  of  in  removed  cases ;                             .14 
Courts;  act  concerning                               ...  14 
superior  and  county,  extending  power  of  in  partition  of  es- 
tates ;                   ....  17 

D. 

Danbury  Bank  incorporated ;  .  4 

E, 

Elections  ;  repealing  acts  relating  to  .  .       18,  21, 28 

Ekctors,  lists  of  names  of  to  be  preserved  by  town  clerk ;  22 — 25 

to  be  posted;    .  ' ' ;,_  ,  23 

names  of  to  be  checked  ;     .  .  .  .20 

Electors'  meetings  for  choice  of  presidential  electors ;  act  de  time  of 

holding;  .  .  .  .18 

special,  for  choice  of  representatives  in  congress  ; 

act  de  .  .  .19 

list  of  names  of  electors  to  be  used  in  20,  22 — 25 

presiding  officers  of,  to  conform  to  corrected  lists  ;  20,  24 

Enfield  and  Suffield  ferry,  fare  at,  altered  ;       ,  .  .29 

Equity;  act  concerning  proceedings  in     .  .  .  i*.>  1® 

Estate  real;  act  relating  to  the  partition  of    .  '.^  .        17 

of  persons  of  color  exempt  from  taxation  ;          .  '  36 

Estates ;  act  in  addition  to  and  alteration  of  an  act  de  settlement  of       15 

F. 

Fairfield  County  Bank ;  act  in  addition  to  and  alteration  of  act  to 

incorporate.                .                .  4 

Ferry ;  fare  at  Enfield  and  Suffield        '"V:             .                .  29 

Fire  limits  in  New  Haven ;                .                .                .  .          8 

Fraudulent  conveyances ;  act  in  addition  to  an  act  concerning  15 

G. 

Gaols  ;  wines  and  spiritous  liquors  prohibited  from  being  sold  in  41 

Governor  to  make  proclamation  of  time  for  holding  certain  electors' 

meetings  ;  contingent  duty  of  .18 

Guardians  and  minors ;  act  concerning  .  .  .32 

II. 

Hacks  in  Hartford  ;  common  council  authorized  to  make  by-laws 

concerning  ....  11 

in  New  Haven  ;  mayor  and  aldermen  authorized  to  license 

and   regulate     a-»iu  ...  10 

Hartford;  act  in  addition  to  and  alteration  and  amendment  of  char- 
ter and  acts  relating  to  city  of  .  11 


INDEX.  47 
I. 

Injunctions ;  judges  of  superior  court  authorized  to  dissolve  .        16 

J. 

Judge  of  county  court  when  disqualified,  appealable  actions  may  be 

removed ;             ....  14 
Judges  of  county  or  superior  courts,  power  of  in  certain  cases  re- 
lating to  banks ;     .                .                .                 .  3 
of  superior  court  empowered  to  dissolve  injunctions  ;  .        16 
Jurymen,  number  of  in  Naugatuck  and  Waterbury;               .  29 
Justices  of  the  peace ;  may  try  certain  cases;      .             >  'i> '          "'<.'       14 
when  disqualified  to  act ;     ^Y.               .  13 

L.. 

Land  Company  Connecticut ;  act  relating  to  books  and  papers  of  32 

Lines  between  adjoining  towns ;  act  concerning  disputed      • .: .  39 

Liquors  and  wines ;  act  concerning  spiritous    .                .  .41 

Lists  of  electors  to  be  made  out ;  separate                .                .  22, 24 

to  be  posted ;                              .                .  .22 

to  be  kept  by  the  town  clerk ;                         .  20, 25 

to  be  revised  and  corrected  ;    .  (   r  20,23,24 

names  on  to  be  checked  at  the  polls ;              .  20,  25 

penalty  for  defacing,  when  posted ;  ,28 

M. 

Memorials  and  petitions  to  the  general  assembly ;  act  concerning        30 

Meriden ;  confirming  acts  of  a  town  meeting  in              .  .38 
Middlesex   county ;  act  to  confirm  proceedings  of  commissioners 

and  representatives  of  35 

Minors  and  guardians ;  act  concerning         '•'.               .  .        32 

N. 

Name  or  answer  to  the  board  of  registration ;  penalty  for  a  false  25 

Naugatuck  made  a  part  of  the  5th  senatorial  district ;            .  21 

number  of  jurymen  in                 .               .  .29 

made  a  part  of  the  probate  district  of  Waterbury ;  31 

New  Haven;  act  relative  to  the  city  of 

fire  limits  in,  defined ;  8 

removal  of  buildings  in               .                .            ^  .          9 

licensing  of  hacks,  &c.  in                                       .  10 

quorum  of  common  council  in    .                .  .9 

into  wards  repealed  ;  act  dividing        .           •  '--«*  7 

Notaries  public;  act  vacating  commissions  of                 ..  .30 

o. 

Oath  to  be  taken  by  board  of  registration ;  form  of  .               .  22 

board  of  registration,  when  required  to  examine  under  21, 26 


48  INDEX. 


P. 

Petitions  and  memorials  to  the  general  assembly ;  act  concerning  30 

Philological  Society  ;  act  to  incorporate  the       .  .  .34 

Presidential  electors  ;  act  de  time  of  holding  meeting  for  election  of        18 
;  lists  to  be  made  out  of  those  qualified  to  vote  forj  23 
Probate  district ;  Avon  constituted  a 

of  Waterbury ;  Naugatuck  included  in  4        31 

Proxy  voting  on  bank  stock,  repealed ;  act  to  prohibit         K.'^  ^  6 

R. 

Registration,  board  of,  constituted ;                  .  .                .22 

duties  and  powers  of     .  .                19 — 28 

penalty  for  refusal  to  perform  duties  of       .        25 

times  and  places  of  meeting  of  .                19 — 27 

compensation  of  .               .28 

oath  of  .                .                .  .22 

Registry  lists.     (See  Lists,  Electors.)                .  , 

Roads ;  towns  when  directed  to  repair  turnpike      .  .               40 

S. 

Secretary  of  state  to  preserve  books,  &c.j  of  Connecticut  Land  Co.        32 
Slaves  prohibited ;  arrest  or  detention  of  .  .  .  33 

Society;  act  to  incorporate  the  Philological       .  «.  .34 

Spiritous  liquors  and  wines  ;  act  concerning  sale  of  .  41 

Students  at  literary  institutions ;  act  repealing  an  act  de  .        18 

Svffield  and  Enfield  ferry,  fare  at,  altered ;  .  «  29 

» 

T. 

Taxation  rf  costs  on  injunctions;      .              .»'.            .  .16 

on  settlement  of  disputed  town  lines  ;  .                30 

;  real  estate  of  persons  of  color  exempt  from  .        36 

Taxes ;  acts  relating  to  assessment  of  36,  37 

Temperance  societies;  provisions  of  a  certain  act  extended  to         .        37 

Towns ;  act  concerning  disputed  lines  between  adjoining  .                39 

Town  clerk  to  be  clerk  of  the  board  of  registration  ;        .  .22 

;  list  of  electors  to  be  deposited  in  office  of  .       22—25 

Turnpike  roads ;  act  relating  to                        .               .  .40 


V. 

Voters.    (See  Electors.) 

Voting  in  more  than  one  town  on  the  same  day  ;  penalty  for,.  27 

on  stock  by  proxy,  act  prohibiting  repealed ;  ;         6 

w. 

Wards,  act  dividing  city  of  New  Haven  into  repealed ;  7 

Waterbury ;  number  of  jurymen  in  .29 

Whahng  Bank,  charter  of  altered;            ...  6 

Wines  and  spiritous  liquors ;  act  concerning  sale  of  .41 


A    000111  855 


